The EEC Merger Control (Distinct Market Investigations)Regulations 1990

3.—(1) Subsections (6) to (8) of section 85 of the Fair Trading Act 1973(1) (enforcement provisions relating to notices under subsection (1) of that section requiring production of documents etc) shall, subject to paragraph (2) below, apply in relation to a notice under regulation 2 above as they apply in relation to a notice under subsection (1) of that section, but as if—

(a) the reference in subsection (6) of that section to a fine not exceeding the prescribed sum(2) were a reference to a fine not exceeding an amount equal to level 5 on the standard scale, and

(b) in subsection (7) of that section, for the words from “any one” to “the Commission” there were substituted “the Director”.

(2) In punishing a defaulter under subsection (7A) of the said section 85, the court shall not impose any penalty which could not be imposed on summary conviction for an offence created in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

(1)

1973 c. 41; section 85 was amended by paragraph 13 of Schedule 20 to the Companies Act 1989 (c. 40).

(2)

Subsection (6) was amended by insertion of a reference to the prescribed sum by section 32(2) of the Magistrates' Courts Act 1980 (c. 43).