Paragraph 15 Cancellation, etc. of a retained exemptionC1F2
The circumstances in which the CMA may exercise the powers in section 10(5)(a), 10(5)(c) and 10(5)(d) of the Act are where it finds that an agreement which benefits from a F1retained exemption nevertheless has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9(1) of the Act.
The circumstances in which the CMA may exercise the powers in section 10(5)(b) of the Act are where, having previously exercised the powers in section 10(5)(a) or 10(5)(c) of the Act in respect of an agreement, the CMA finds that—
as a result of a material change in circumstances since the exercise of those powers, any condition or obligation it has imposed in exercise of those powers is no longer necessary to ensure that the effects of the agreement in the United Kingdom, or a part of it, are compatible with the conditions laid down in section 9(1) of the Act; or
as a result of a material change in circumstances since the exercise of those powers, or as a result of information supplied in response to a notice given under paragraph (3) being incomplete, false or misleading in a material particular, the agreement has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9(1) of the Act.
Subject to rules 18 and 19, if (other than in the circumstances referred to in paragraph (2)(a)) the CMA proposes to exercise any of the powers in section 10(5) of the Act it must give notice to each person who it considers is a party to the agreement and the provisions of rule 6 are to apply.
Subject to rules 18 and 19, if the CMA proposes to exercise any of the powers in section 10(5)(b) of the Act in the circumstances referred to in paragraph (2)(a) it must consult each person who it considers is a party to the agreement.
If the CMA proposes to exercise any of the powers in section 10(5) of the Act it may consult the public.
If the CMA has made a decision in exercise of any of its powers in section 10(5) of the Act it must—
subject to rules 18 and 19, give notice of the decision to each person who the CMA considers is a party to the agreement, stating the facts on which it bases the decision and its reasons for the decision; and
publish the decision.
Annotations
Textual amendments
- F1
Words in Sch. rule 15(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(10) (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
Words in Sch. rule 15 heading substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 2 para. 4(10) (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))