The Digital Markets, Competition and Consumers Act 2024 (Commencement No. 1 and Savings and Transitional Provisions) Regulations 2024

PART 5 Saving and transitional provision in relation to the coming into force of provision in Chapter 5 of Part 2 (Miscellaneous) of the Act

Saving and transitional provision: Part 1 (investigations under Part 1 of CA 1998 (competition)) of Schedule 10 to the Act

13.—(1) The insertion of section 40ZE (enforcement of requirements: imposition of penalties) into CA 1998 by section 143(1)(a) (civil penalties etc in connection with competition matters) of, and paragraph 8 of Schedule 10 (civil penalties etc in connection with competition investigations) to, the Act and the related amendments in paragraphs 7 and 9 to 13 of that Schedule have no effect in relation to any act or omission of a kind described within section 40ZE(1) of CA 1998, where such an act or omission occurred—

(a) before the commencement date; or

(b) on or after the commencement date, but the act or omission occurred in relation to—

(i) a requirement imposed under section 26(1), 26A(2), 27(3), 28, 28A or 40ZD(4) of CA 1998 before the commencement date;

(ii) the exercise by an officer of the CMA of powers under section 27 of CA 1998 or under a warrant issued under section 28 or 28A of that Act (“investigatory powers”), before the commencement date;

(iii) in the case of an act or omission of a kind described within section 40ZE(1)(d) or (e) of CA 1998 Act, a non-compulsory information request made before the commencement date; or

(iv) a requirement imposed under section 27, 28 or 28A of that Act or the exercise of investigatory powers on or after the commencement date in a case where the notice of entry required under section 27(2) of that Act was given, or as the case may be, the warrant under section 28 of 28A was issued, before the commencement date.

(2) For the purposes of sub-paragraph (1)(b)(iii) “non-compulsory information request” means a written request—

(a) made by the CMA;

(b) addressed to a specific person to provide information relating to the CMA’s functions under Part 1 of CA 1998; and

(c) made where the request does not amount to a requirement to provide information imposed under Part 1 of CA 1998.

(3) The amendments to section 40A(5) (penalties: failure to comply with requirements) of CA 1998 made by paragraph 9 of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014(6) in a case where those amendments have no effect by virtue of this paragraph.

Saving and transitional provision: Part 2 (investigations under Part 3 of EA 2002 (mergers)) of Schedule 10 to the Act

14.—(1) The amendments to EA 2002 made by section 143(1)(b) of, and paragraphs 15 to 25 of Schedule 10 to, the Act have no effect in relation to a relevant act or omission where the relevant act or omission occurred—

(a) before the commencement date; or

(b) on or after the commencement date, but the relevant act or omission occurred in relation to—

(i) a notice given under section 109(7) of EA 2002 before the commencement date; or

(ii) in the case of an act or omission of a kind described within section 110(1A)(8) of EA 2002, a non-compulsory information request made before the commencement date.

(2) For the purposes of sub-paragraph (1)—

“non-compulsory information request” means a written request—

(a)

made by the appropriate authority (within the meaning given by section 110(1B) of EA 2002);

(b)

addressed to a specific person to provide information relating to the appropriate authority’s functions under Part 3 of EA 2002;

(c)

made where that request does not amount to a requirement to provide information imposed under Part 3 of EA 2002;

“a relevant act or omission” is an act or omission of a kind described in either of the following sections of EA 2002—

(a)

section 110(1) or (1A) (as inserted by paragraph 15 of Schedule 10 to the Act);

(b)

section 116A(1) (as inserted by paragraph 23 of Schedule 10 to the Act).

(3) The amendment to subsection (4), and repeal of subsection (6), of section 111(9) of EA 2002 made by paragraphs 17(6) and (9) respectively of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014 in a case where those amendments have no effect by virtue of this paragraph.

Saving and transitional provision: Part 3 (investigations under Part 4 of EA 2002 (market studies and market investigations)) of Schedule 10 to the Act

15.—(1) The amendments to EA 2002 made by section 143(1)(b) of, and paragraphs 27 to 34 of Schedule 10 to, the Act have no effect in relation to a relevant act or omission where the relevant act or omission occurred—

(a) before the commencement date; or

(b) on or after the commencement date, but the relevant act or omission occurred in relation to—

(i) a requirement imposed by notice under section 174 of EA 2002 before the commencement date; or

(ii) in the case of an act or omission of a kind described within section 174(1A)(10) of EA 2002, a non-compulsory information request made before the commencement date.

(2) For the purposes of sub-paragraph (1)—

“non-compulsory information request” means a written request—

(a)

made by the relevant authority (within the meaning given by section 174A(1B)(11) of EA 2002);

(b)

addressed to a specific person to provide information relating to the relevant authority’s functions under Part 4 of EA 2002; and

(c)

made where that request does not amount to a requirement to provide information imposed under Part 4 of EA 2002

“a relevant act or omission” is an act or omission of the kind described within the following sections of EA 2002—

(a)

section 174(1) or (1A) (as inserted by paragraph 27 of Schedule 10 to the Act);

(b)

section 116A(1) (as applied by section 180 of EA 2002 as amended by paragraph 32 of Schedule 10 to the Act).

(3) The amendments to section 174D (penalties) of EA 2002 made by paragraph 29 of Schedule 10 to the Act have no effect in relation to the continued operation of the Competition and Markets Authority (Penalties) Order 2014 in a case where those amendments have no effect by virtue of this paragraph.

Transitional provision relating to the coming into force of section 143(2) (civil penalties for breaches of remedies) of the Act and Schedule 11 (civil penalties etc in connection with breaches of remedies)

16.—(1) The amendments to CA 1998 made by section 143(2) of, and paragraphs 3 to 6 of Schedule 11 (civil penalties etc in connection with breaches of remedies) to, the Act have no effect in relation to—

(a) any commitments accepted under section 31A(12) of CA 1998 before the commencement date; or

(b) any commitments accepted in accordance with section 31A(3) of CA 1998 on or after the commencement date as a variation of, or in substitution for, any commitments accepted under section 31A of CA 1998 before the commencement date.

(c) any direction given under section 32(13), 33(14), or 35 of CA 1998 before the commencement date.

(2) The amendments to EA 2002 made by section 143(2) of, and paragraphs 8 and 10 to 13 of Schedule 11 to, the Act have no effect in relation to—

(a) any merger enforcement order made before the commencement date;

(b) any merger enforcement order made on or after the commencement date that—

(i) varies a merger enforcement order made before the commencement date;

(ii) is made instead of a merger enforcement undertaking accepted before the commencement date;

(c) any merger enforcement undertaking accepted before the commencement date; or

(d) any merger enforcement undertaking accepted on or after the commencement date that—

(i) varies or supersedes a merger enforcement undertaking accepted before the commencement date; or

(ii) is accepted instead of a merger enforcement order made before the commencement date.

(3) In sub-paragraph (2)—

“merger enforcement order” means an order made under section 70C(15), 72(16), 75(17), 76, 81(18), 83 or 84(19) of, or under paragraph 2(20), 5(21), 6, 10 or 11 of Schedule 7 to, EA 2002;

“merger enforcement undertaking” means an undertaking accepted under section 73(22), 80(23) or 82(24) of, or under paragraph 3(25) or 9 of Schedule 7 to, EA 2002.

(4) The amendments to EA 2002 made by paragraphs 15, 17 and 18 of Schedule 11 to the Act have no effect in relation to—

(a) any markets enforcement order made before the commencement date;

(b) any markets enforcement order made on or after the commencement date that—

(i) varies a markets enforcement order made before the commencement date; or

(ii) is made instead of a markets enforcement undertaking accepted before the commencement date;

(c) any markets enforcement undertaking accepted before the commencement date;

(d) any markets enforcement undertaking accepted on or after the commencement date that—

(i) varies or supersedes a markets enforcement undertaking accepted before the commencement date; or

(ii) is accepted instead of a markets enforcement order made before the commencement date.

(5) In sub-paragraph (4)—

“markets enforcement order” means an order made under section 158, 160 or 161 of EA 2002;

“markets enforcement undertaking” means an undertaking accepted under section 154, 157 or 159 of EA 2002.

(6) In relation to any time on or after the commencement date, references in sub-paragraph (5) to section 154 and 161 are references to those sections as they continue to have effect by virtue of paragraphs 9 and 11 respectively.

(7) The substitution of section 94A(26) (interim undertakings and orders under this Part: penalties) of EA 2002 made by paragraph 11 of Schedule 11 to the Act has no effect in relation to the continued operation of the Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014(27) in a case where that substitution has no effect by virtue of sub-paragraph (2).

Transitional provision relating to the coming into force of section 144 (service and extra-territoriality of notices under CA 1998 and EA 2002 of the Act and Schedule 13

17.—(1) The substitution of section 126 (service of documents by the CMA, OFCOM or the Secretary of State) of EA 2002 made by section 144 (service and extra-territoriality of notices under CA 1998 and EA 2002) of, and paragraph 1 of Schedule 13 (service and extra-territoriality of notices under CA 1998 and EA 2002) to, the Act has no effect in relation to any document served before the commencement date.

(2) The insertion of new section 44A (giving of notices under Chapter 3) into CA 1998 made by section 144 of, and paragraph 2 of Schedule 13 to, the Act has no effect in relation to any notice given before the commencement date.

Saving provision relating to the coming into force of section 146 (meaning of “working day” in Parts 3 and 4 of EA 2002)

18.—(1) The amendments to EA 2002 made by section 146 of the Act (meaning of “ working day” in Parts 3 and 4 of EA 2002) have no effect when calculating—

(a) the “initial period” for the purposes of section 34ZA(28) (time-limits for decisions about references) of EA 2002; or

(b) any period of time referred to in section 73A(29) (time-limits for consideration of undertakings) of EA 2002, where that period of time began before the commencement date,

in relation to a possible reference that falls within sub-paragraph (3).

(2) Sub-paragraph (1)(b) does not apply in relation to any extension of a period of time under section 73A(4) where that extension is granted on or after the commencement date.

(3) A possible reference falls within this paragraph if it is a possible reference under section 22, 33, 68B or 68C of EA 2002 in relation to which the initial period began before the commencement date.

(4) In this paragraph, “the initial period” has the same meaning as in Part 3 of EA 2002

(1)

Section 26 was amended by paragraph 38(20) of Schedule 25 to EA 2002; and paragraph 6 of Schedule 5 and paragraph 9 of Schedule 15 to the 2013 Act; and by S.I. 2004/1261.

(2)

Section 26A was inserted by section 39 of the 2013 Act.

(3)

Section 27 was amended by paragraph 21 of Schedule 2 to the Criminal Justice and Police Act 2001; paragraph 38(21) of Schedule 25 to EA 2002; paragraph 7 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261.

(4)

Section 40ZD was inserted by S.I. 2019/93.

(5)

Section 40A was inserted by section 40 of the 2013 Act and amended by S.I. 2019/93.

(6)

S.I. 2014/559.

(7)

Section 109 was amended by section 29 of, and paragraph 143 of Schedule 5 to, the 2013 Act; paragraph 27 of Schedule 16 to the Energy Act 2023; and S.I. 2014/892.

(8)

Section 110(1A) and (1B) is inserted by paragraph 15 of Schedule 10 to the Act.

(9)

Section 111 was amended by section 29 of, and paragraph 145 of Schedule 5 to, the 2013 Act.

(10)

Section 174 was amended by section 36 of, and paragraph 204 of Schedule 5 to, the 2013 Act.

(11)

Section 174(1A) and (1B) is inserted by paragraph 27 of Schedule 10 to the Act.

(12)

Section 31A was inserted by S.I. 2004/1261 and amended by paragraph 11 of Schedule 5 to the 2013 Act

(13)

Section 32 was amended by paragraph 38(24) of Schedule 25 to EA 2002, paragraph 16 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261 and 2019/93.

(14)

Section 33 was amended by paragraph 38(25) of Schedule 25 to EA 2002, paragraph 17 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261 and 2019/93.

(15)

Section 70C was inserted by paragraph 2 of Schedule 7 to the Act.

(16)

Section 72 was amended by section 30 of, paragraph 112 of Schedule 5 and paragraph 5 of Schedule 7 to, the 2013 Act; and by paragraph 11 of Schedule 16 to the Energy Act 2023.

(17)

Sections 75, 76 and 83 were amended by paragraphs 115, 116, and 123 respectively of Schedule 5 to the 2013 Act.

(18)

Section 81 was amended by paragraph 121 of Schedule 5 and paragraph 3 of Schedule 7 to the 2013 Act; and by paragraph 19 of Schedule 16 to the Energy Act 2023.

(19)

Section 84 was amended by paragraph 124 of Schedule 5 to the 2013 Act; and by paragraph 21 of Schedule 16 to the Energy Act 2023.

(20)

Paragraph 2 of Schedule 7 is amended by paragraph 160 of Schedule 5 and by paragraph 4 of Schedule 7 to the 2013 Act.

(21)

Paragraph 5 of Schedule 7 is amended by paragraph 160 of Schedule 5 to the 2013 Act. Paragraphs 5 and 6 of Schedule 7 are amended by S.I. 2023/424.

(22)

Section 73 was amended by paragraph 113 of Schedule 5 to the 2013 Act; and by paragraph 12 of Schedule 16 to the Energy Act 2023.

(23)

Section 80 was amended by paragraph 120 of Schedule 5 and paragraph 2 of Schedule 7 to the 2013 Act; and by paragraph 18 of Schedule 16 to the Energy Act 2023.

(24)

Section 82 was amended by paragraph 122 of Schedule 5 to the 2013 Act; and by paragraph 20 of Schedule 16 to the Energy Act 2023.

(25)

Paragraph 3 of Schedule 7 is amended by paragraph 160 of Schedule 5 to the 2013 Act; and by S.I. 2023/424.

(26)

Section 94A was inserted by section 31 of the 2013 Act.

(27)

S.I. 2014/533, as amended by S.I. 2015/575 and 2019/93

(28)

Section 34ZA was inserted by paragraph 4 of Schedule 8 to the 2013 Act, and amended by S.I. 2019/93.

(29)

Section 73A was inserted by paragraph 7 of Schedule 8 to the 2013 Act, and amended by paragraph 13(2) and (3) of Schedule 16 to the Energy Act 2023 (c. 52), paragraph 8 of Schedule 6 to the Act, and S.I. 2019/93.