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.