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Enterprise and Regulatory Reform Act 2013

Enterprise and Regulatory Reform Act 2013

2013 CHAPTER 24

Commentary on Sections

Part 3: the Competition and Markets Authority and Part 4: Competition Reform

Part 4: Competition Reform

Chapter 3: Anti-Trust
Interim measures and other sanctions
Section 43: Threshold for interim measures

340.This section lowers the threshold which determines when the CMA will be able to impose interim measures under section 35 of the CA 1998.

341.Section 35 currently enables the OFT, when it has begun but not completed an anti-trust investigation and considers that it is necessary for it to act as a matter of urgency for the purpose of preventing serious, irreparable damage to a person or category of person, or of protecting the public interest, to give such directions as it considers appropriate for that purpose. This section substitutes ‘significant damage’ for ‘serious, irreparable damage’ in the test in section 35 which the CMA must consider is satisfied before it can give directions.

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