Part 4Market Studies and Market Investigations

Chapter 3Enforcement

F1Implementation trials of final orders and undertakings

161BImplementation trials: purpose and interpretation

(1)

This section and sections 161C to 161E make provision in relation to the acceptance of undertakings and making of orders by a relevant authority on a trial basis for the purpose of assessing the effectiveness of qualifying remedial action (and the acceptance of undertakings and making of orders on that basis is referred to in this Part as an “implementation trial”).

(2)

In this section and in sections 161C to 161E “relevant authority” means the CMA or the Secretary of State.

(3)

In this Part—

“implementation trial measure” means an undertaking accepted, or order made, under section 161C (and references to the imposition of such a measure are to be read as the acceptance of an undertaking or the making of an order, as the case may be);

“implementation trial period” means, in relation to an implementation trial measure, the period—

(a)

beginning with the day on which the relevant authority begins the implementation trial, and

(b)

ending with the last day on which the implementation trial measure is to have effect (see subsections (4) and (5));

“qualifying remedial action” means remedial action in respect of—

(a)

a matter concerning the provision or publication of information to consumers (whether directly or through an intermediary), or

(b)

any other matter specified in regulations made by the Secretary of State;

“relevant adverse effect” means—

(a)

where the relevant authority is the CMA, an adverse effect on competition identified in the report mentioned in section 138(1);

(b)

where the relevant authority is the Secretary of State—

  1. (i)

    an adverse effect on competition identified in the report mentioned in section 146(1);

  2. (ii)

    an effect adverse to the public interest identified in the report mentioned in section 146A(1);

“remedial action” means an action—

(a)

where the relevant authority is the CMA, to be taken in accordance with section 138(2) or section 162A(5);

(b)

where the relevant authority is the Secretary of State, to be taken in accordance with section 147(2) or 147A(2) (as the case may be).

(4)

The last day on which an implementation trial measure is to have effect is the earlier of—

(a)

the day specified under section 161D(5)(b)(ii), and

(b)

the day on which action is taken under section 138(2), 147(2) or 147A(2) (as the case may be) in relation to the relevant adverse effect which the relevant authority considers concerns the same qualifying matter.

(5)

But where—

(a)

an implementation trial measure is imposed in accordance with this section, and

(b)

the CMA extends, under section 138A(3), the period within which its duty under section 138(2) is required to be discharged in accordance with section 138A(A3) in relation to the measure,

the last day on which the implementation trial measure is to have effect is the last day of that period as so extended.