Regulation 5 Determination of the exercise of prescribing functions
If the Director General of Fair Trading considers that a regulator has or may have concurrent jurisdiction to exercise Part I functions in relation to an agreement or conduct in respect of which an application has been submitted, he shall—
send one copy of the information submitted as that application to that regulator; and
inform the applicant in writing that he has done so.
If a competent person proposes to exercise any of the prescribed functions in relation to a case which is not the subject of an application and he considers that another competent person has or may have concurrent jurisdiction to exercise Part I functions in relation to that case, he shall inform that other competent person of his intention to exercise prescribed functions in relation to that case.
Where either—
the Director General of Fair Trading has sent information submitted as an application to another competent person in accordance with paragraph (1) above; or
a competent person has informed another competent person of his intention to exercise prescribed functions in accordance with paragraph (2) above in relation to a case
all such competent persons (together “the relevant competent persons”) shall agree who shall exercise prescribed functions in relation to that case.
When agreement has been reached in accordance with paragraph (3) above, the case shall be transferred to the competent person who is to exercise prescribed functions in relation to that case and the Director General of Fair Trading shall as soon as practicable inform in writing—
the relevant competent persons; and
in cases where an application has been submitted, the applicant,
which competent person is to exercise prescribed functions in relation to the case.