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Paragraph 1 InterpretationC1

(1)

In these Rules—

  • “the Act” means the Competition Act 1998;

  • “CMA” means the Competition and Markets Authority;

  • “confidential information” means—

    1. (a)

      commercial information whose disclosure the CMA or a regulator thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

    2. (b)

      information relating to the private affairs of an individual whose disclosure the CMA or a regulator thinks might significantly harm the individual's interests, or

    3. (c)

      information whose disclosure the CMA or a regulator thinks is contrary to the public interest;

  • F1“infringement decision” means a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed;

  • “internal document” means—

    1. (a)

      a document produced by, or exchanged between, the CMA, a regulator or another public authority and which has not been produced for the purpose of public disclosure by the CMA, a regulator or another public authority, or

    2. (b)

      a document produced by, or exchanged between, any person from time to time retained under a contract for services by the CMA, a regulator or another public authority and the CMA, a regulator or another public authority and which has not been produced for the purpose of public disclosure;

  • “notice” means a notice that the CMA is required to give to a person under any of—

    1. (a)

      rule 5,

    2. (b)

      rule 11, F2or

    3. (c)

      rule 15(3)F3...

    4. (d)

      ...

  • “oral hearing” means a hearing in which a relevant party may make oral representations on any matter referred to in a notice;

  • “Procedural Officer” means any relevant person who is required to exercise any function under rules 6(5) and 8(1);

  • “public authority” includes—

    1. (a)

      in the United Kingdom, a court or tribunal and any person exercising functions of a public nature, and

    2. (b)

      in any country or territory outside the United Kingdom, a court or tribunal and any person or body which appears to the CMA or a regulator to be exercising functions of a public nature;

  • “relevant party” means a person to whom a notice is required to be given, except where the CMA does not address a proposed infringement decision or infringement decision to that person in accordance with rules 5(3) or 10(2);

  • “relevant person” means any of the following categories of person who has been authorised by the CMA or a regulator's Board to exercise any function under these Rules—

    1. (a)

      one or more members of the CMA Board or a regulator's Board,

    2. (b)

      one or more members of the CMA panel or a regulator's Panel,

    3. (c)

      one or more members of staff of the CMA or a regulator,

    4. (d)

      jointly by one or more of the persons mentioned in paragraph (a), (b) or (c).

(2)

Except where these Rules otherwise provide, expressions used in the Act which are also used in these Rules have the same meaning in these Rules as they have in section 59 of the Act.

(3)

Any reference in these Rules to the CMA means the CMA or a regulator, except in—

(a)

this rule,

(b)

rule 20.

Annotations

Textual amendments

F1

Words in Sch. rule 1 substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(2)(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)

F2

Word in Sch. rule 1 inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(2)(b)(i) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Sch. rule 1 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. 4(2)(b)(ii) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Sch. modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(4) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))