6A

Where the regulations make provision as mentioned in subsection (6)(a), they must—

a

include provision requiring the CMA to consult the regulator concerned before making a decision that the CMA is to exercise Part 1 functions in respect of a particular case, and

b

provide that, in a case where a regulator has given notice under section 31(1) that it proposes to make a decision (within the meaning given by section 31(2)), the CMA may only decide that it is to exercise Part 1 functions in respect of the case rather than the regulator if the regulator consents.

6B

The Secretary of State may by regulations make provision requiring arrangements to be made for the sharing of information between competent persons in connection with concurrent cases.

6C

For the purposes of subsection (6B), “a concurrent case” is a case in respect of which—

a

the CMA considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by both it and any regulator;

b

any regulator considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by it.