Part 2Competition
Chapter 3Markets
I1135Power to make a reference after previously deciding not to do so
1
Section 131B of EA 2002 (market studies and the making of decisions to refer: time limits) is amended as follows.
2
In the heading, after “time-limits” insert “etc”
.
3
In subsection (7), for “This section is” substitute “Subsections (4) to (6) are”
.
4
After subsection (7) insert—
8
Where the CMA—
a
has published a market study notice, and
b
has decided not to make a reference under section 131 in relation to the matter specified in the notice,
the CMA may subsequently make a reference under section 131 in relation to the matter (without first publishing a market study notice in relation to the matter) only where subsection (9) applies.
9
This subsection applies where—
a
the reference under section 131 is made two years or more after the publication of the market study report in relation to the market study notice, or
b
there has been a material change in circumstances since the preparation of the report.