Section 52 Advice and information.

United Kingdom

(1)

F1The CMA must prepare and publish general advice and information about—

(a)

the application of the Chapter I prohibition and the Chapter II prohibition, and

(b)

the enforcement of those prohibitions.

(1A)

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

(2)

The F3CMA may at any time publish revised, or new, advice or information.

(3)

Advice and information published under this section must be prepared with a view to—

(a)

explaining provisions of this Part to persons who are likely to be affected by them; and

(b)

indicating how the CMA expects such provisions to operate.

(4)

Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the CMA may take into account in considering whether, and if so how, to exercise a power conferred on F4it by Chapter I, II or III.

(5)

Any advice or information published by the CMA under this section is to be published in such form and in such manner as F5it considers appropriate.

(6)

If the CMA is preparing any advice or information under this section F6it must consult such persons as he considers appropriate.

(7)

If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

(8)

In preparing any advice or information under this section about a matter in respect of which he may exercise functions under this Part, a regulator must consult—

(a)

the F7CMA ;

(b)

the other regulators; and

(c)

such other persons as he considers appropriate.

Annotations

Textual amendments

F1: Words in s. 52(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: S. 52(1A) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 18 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in s. 52(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4: Words in s. 52(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5: Words in s. 52(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F6: Words in s. 52(6) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F7: Word in s. 52(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1