Functions of the MMC on reference of a practice11.
(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.