9.—(1) Each competent person must put in place arrangements for sharing with other competent persons the following information in connection with concurrent cases M1—
(a)details of any information in the possession of the competent person that an infringement of—
(i)the Chapter I prohibition, [F1or]
(ii)the Chapter II prohibition,
F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may have taken place, whether or not the competent person proposes to exercise any of the prescribed functions in respect of the case;
(b)a draft of any notice which the competent person proposes to give under section 31 of the Act (decisions following an investigation) or rule 5 of the CMA's Rules (statement of objections), before the notice is given;
(c)a draft of any commitments which the competent person proposes to accept under section 31A of the Act (commitments) before those commitments are accepted;
(d)a draft of any notice which the competent person proposes to give under section 35(3) (notice of interim measures), before the notice is given;
(e)a draft of any notice which the competent person proposes to give under rule 10(1) of the CMA's Rules (notice of infringement decision), before the notice is given;
(f)a draft of any notice which the competent person proposes to give under rule 10(4) of the CMA's Rules (notice of no grounds for action decision), before the notice is given;
(g)a draft of any notice which the competent person proposes to give under rule 15(3) or (6) of the CMA's Rules (notice of proposed cancellation of [F4retained exemption] and notice of decision), before the notice is given;
(h)a draft of any notice of a decision by the competent person not to proceed with a case, before the notice is given;
(i)a draft of any notice which the competent person proposes to give under section 112 of the Enterprise Act 2002 M2 as applied by section 40A(9) of the Act (notice of administrative penalty), before the notice is given;
(j)such other information in the possession of the competent person as any other competent person may reasonably require to facilitate the performance of its functions under the Act.
(2) This regulation does not affect any power or duty to disclose information which exists apart from this regulation.
Textual Amendments
F1Word in reg. 9(1)(a)(i) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 5(3)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 9(1)(a)(iii) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 5(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 9(1)(a)(iv) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 5(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 9(1)(g) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 5(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1“concurrent case” is defined in section 54(6C) of the Competition Act 1998.