Regulation 8 Circumstances in which the CMA may decide that it is to exercise Part 1 functions

(1)

The CMA may direct a regulator M1 to transfer a case in respect of which the regulator is exercising Part 1 functions to the CMA where the CMA is satisfied that—

(a)

it exercising the Part 1 functions rather than the regulator would further the promotion of competition, within any market or markets in the United Kingdom, for the benefit of consumers; F1...

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

If the CMA proposes to exercise the power in paragraph (1) the CMA must first consult the regulator who is exercising Part 1 functions in respect of the case, explaining the reasons why the CMA considers it appropriate to exercise that power.

(3)

If, following the consultation referred to in paragraph (2), the CMA still proposes to exercise the power in paragraph (1), the CMA must—

(a)

notify—

(i)

the regulator who is exercising Part 1 functions in respect of the case,

(ii)

the undertaking which is the subject of the exercise of Part 1 functions in the case (the undertaking concerned), and

(iii)

any other persons likely to be materially affected by the transfer,

of what it proposes,

(b)

give such recipients of the notice the opportunity to make written representations upon the proposal within no less than 10 working days of the date of that notice, and

(c)

take into account any representations made in accordance with paragraph (3)(b).

(4)

Once the CMA has reached a decision whether to exercise the power in paragraph (1), the CMA must—

(a)

inform the recipients of the notice under paragraph (3)(a) in writing of its decision and the reasons for it; and

(b)

if the CMA has decided to exercise the power in paragraph (1), inform such recipients in writing that the CMA is to exercise jurisdiction in respect of the case from the date of the transfer.

(5)

The CMA is not under any obligation to notify or inform any person referred to in paragraph (3)(a)(ii) or (iii) in accordance with this regulation if the regulator has not informed that person that it has exercised Part 1 functions in respect of the case.

(6)

The CMA may not exercise the power in paragraph (1) in respect of a case where a regulator has given notice under section 31(1) of the Act that it proposes to make a decision (within the meaning given by section 31(2) of the Act) in that case.

Annotations

Textual amendments

F1: Word in reg. 8(1) 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(4)(a)
F2: Reg. 8(1)(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(4)(b)

Marginal citations

M1: “regulator” is defined in section 54(1) of the Competition Act 1998.