Valid from 01/04/2014
2(1)Section 28 (orders for securing compliance) is amended as follows.E+W+S
(2)In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
(3)After subsection (4) insert—
“(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(4)In subsection (5), omit paragraph (c) and the “or” preceding it.
(5)In subsection (6)—
(a)in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and
(b)in paragraph (a), after “that it” insert “ has so decided or ”.