Enterprise and Regulatory Reform Act 2013

3 (1) Section 134 (questions to be decided on market investigation references) is amended as follows.

(2) In subsection (1), for “a market investigation” substitute “an ordinary”.

(3) After subsection (1) insert—

“(1A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.”

(4) In subsection (2), for “a market investigation” substitute “an ordinary”.

(5) After subsection (2) insert—

“(2A) For the purposes of this Part, in relation to a cross-market reference, there is an adverse effect on competition if a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.”

(6) In subsection (5)(a), after “the market” insert “or markets”.

(7) In subsection (7), after “the market” insert “or markets”.

(8) In subsection (8)(a)(i), after “the market” insert “or markets”.