Regulation 5 Dispute

(1)

If the relevant competent persons are not able to reach agreement in accordance with regulation 4(2) within a reasonable time, the CMA must notify the other relevant competent persons that it intends to determine which relevant competent person is to exercise Part 1 functions in respect of the case.

(2)

Any relevant competent person may make representations in writing to the CMA no later than 5 working days after the date upon which the CMA notifies its intention to make a determination in accordance with paragraph (1).

(3)

The CMA must within 10 working days of notifying its intention in accordance with paragraph (1)—

(a)

determine which competent person is to exercise Part 1 functions in respect of the case; and

(b)

inform in writing all other relevant competent persons—

(i)

which competent person is to exercise jurisdiction in respect of the case,

(ii)

the date of the determination, and

(iii)

the reasons for the determination.

(4)

In making a determination in accordance with paragraph (3)(a) the CMA—

(a)

must take into consideration any representations made in accordance with paragraph (2); and

(b)

F1... may decide that it is to exercise Part 1 functions in respect of the case rather than another relevant competent person, where the CMA is satisfied that its doing so would further the promotion of competition, within any market or markets in the United Kingdom, for the benefit of consumers.

F2(5)

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Annotations

Textual amendments

F1: Words in reg. 5(4)(b) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 115(3)(a)
F2: Reg. 5(5) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 115(3)(b)