The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

Functions of the MMC on reference of a practice

11.—(1) On a reference under regulation 5 the MMC shall investigate and report on the questions —

(a) whether the practice which is the subject of the reference is being carried on or has been carried on;

(b) whether that practice infringes or has infringed Article 86;

(c) whether any qualifying undertaking is carrying on or has carried on the practice;

(d) whether the infringement of Article 86 has had an effect on competition in the United Kingdom and, if so, what are those effects.

(2) Where, during an investigation on a reference under regulation 5, it appears to the MMC that a practice similar in form and effect to the practice which is the subject of the reference may be being carried on or may have been carried on by a qualifying undertaking and that the United Kingdom may have a duty to rule on that practice under Article 88, the MMC may investigate and report on that practice as if it had been the subject of the reference.