Section 371 OFCOM’s functions under the Competition Act 1998I1I2

The functions to which subsection (2) applies shall be concurrent functions of OFCOM and the F1CMA.

F2This subsection applies to the functions of the CMA under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6) F3, 35C, 38(1) to (6) F4, 40B(1) to (4) and 51), so far as relating to—

which relate to activities connected with communications matters.

So far as necessary for the purposes of, or in connection with, the provisions of subsections (1) and (2), references to the CMA in Part 1 of the Competition Act 1998 F7(including references in provisions of the Enterprise Act 2002 applied by that Part) are to be read as including references to OFCOM, except—

In subsection (2), the reference to activities connected with communications matters, so far as it is a reference to activities connected with any apparatus falling within paragraph (d) of section 369(1), includes a reference to—

In section 54 of the Competition Act 1998—

In paragraph 5 of Schedule 2 to the Competition Act 1998 (publication of list of networking arrangements under the 1990 Act excluded from the Chapter 1 prohibition)—

In section 59(1) of the Competition Act 1998 (interpretation of Part 1), after the definition of “Minister of the Crown” there shall be inserted—

“OFCOM” means the Office of Communications;

OFCOM may carry out, in respect of activities connected with communications matters and concurrently with the CMA, the functions of the CMA under any of paragraphs 3, 7, 19(3) and 36 to 39 of Schedule 13 to the Competition Act 1998 (transitional provisions).

If any question arises as to whether, by virtue of this section, any functions fall to be, or are capable of being, carried out by OFCOM in relation to a particular case, that question shall be referred to and determined by the Secretary of State.

No objection shall be taken to anything done under by or in relation to OFCOM under the Competition Act 1998 (c. 41) on the ground that it should have been done by or in relation to the CMA.

Subject to subsection (12), F11section 3 of this Act (general duties) and section 29 of the Postal Services Act 2011 (duty to secure provision of universal postal service) do not apply in relation to anything done by OFCOM in the carrying out of their functions by virtue of this section.

In the carrying out of any functions by virtue of this section OFCOM may nevertheless have regard to any of the matters in respect of which a duty is imposed by F12section 3(1) to (4) of this Act or section 29 of the Postal Services Act 2011 if it is a matter to which the CMA is entitled to have regard in the carrying out of those functions.

F13In making any decision, or otherwise taking action, for the purposes of any of its functions that—

OFCOM must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.