{
  "url": "https://openlegislation.uk/competition-act-1998-competition-and-markets-authoritys-rules-order-2014/schedule/paragraph-6",
  "json_url": "https://openlegislation.uk/competition-act-1998-competition-and-markets-authoritys-rules-order-2014/schedule/paragraph-6.json",
  "legislation": "uksi/2014/458",
  "legislation_title": "The Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014",
  "legislation_url": "https://openlegislation.uk/competition-act-1998-competition-and-markets-authoritys-rules-order-2014",
  "path": "schedule/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Notices, access to file and representations",
  "text": "(1) A notice under rule 5 must state—\n(a) the facts on which the CMA relies, the objections raised by the CMA, the action the CMA proposes and its reasons for the proposed action;\n(b) the period within which a relevant party may make written representations to the CMA identifying the information contained in the notice which that relevant party considers the CMA should treat such information as confidential information; and\n(c) the period within which a relevant party may make written representations to the CMA on the matters referred to in the notice.\n(2) The CMA must give a relevant party a reasonable opportunity to inspect the documents in the CMA's file that relate to the matters referred to in a notice given to that relevant party, except that the CMA may withhold any document—\n(a) to the extent that it contains confidential information; or\n(b) which is an internal document.\n(3) The CMA must offer a relevant party the opportunity to attend an oral hearing in order to make oral representations to the CMA on any matter referred to in a notice.\n(4) Where the relevant party confirms that it wishes to attend an oral hearing, the CMA must give that relevant party a reasonable opportunity to attend an oral hearing to make such oral representations.\n(5) The oral hearing must be chaired by a Procedural Officer who, other than in acting as the Procedural Officer under this rule or rule 8, has not been involved in the investigation in respect of which notice has been given.\n(6) The Procedural Officer must prepare a report following the hearing and give that report to the persons set out in rule 3(2) who are to decide whether to make an infringement decision.\n(7) The report must—\n(a) contain an assessment of the fairness of the procedure followed in holding the oral hearing; and\n(b) identify any other concerns about the fairness of the procedure followed in the investigation which have been brought to the attention of the person preparing the report in that person's role as the chairperson of the oral hearing.\n(8) Where, upon the expiry of the period mentioned in paragraph (1)(c), no written representations on the matters referred to in a notice given to a relevant party have been made by that relevant party, the CMA may proceed with the case in the absence of such written representations.\n(9) Where the CMA has given a relevant party a reasonable opportunity to make oral representations under paragraph (3) but no oral representations have been made, the CMA may proceed with the case in the absence of such representations.\n(10) Paragraph (1)(b) does not restrict the application of rule 7(1) and (2).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/458/schedule/paragraph/6",
    "retrieved_at": "2026-10-29T00:25:13.067177+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}