OpenLegislation

Paragraph 8B I1F1

(1)

This paragraph applies where on and after IP completion day the European Commission has continued competence in relation to an investigation under regulation 1/2003 in accordance with article 92 of the EU withdrawal agreement and—

(a)

the European Commission has made a relevant decision;

(b)

the relevant decision has not been annulled in full or in part by the European Court insofar as it related to—

(i)

the finding of an infringement or making of any directions in a decision adopted pursuant to article 7(1) of Regulation 1/2003; or

(ii)

commitments accepted under a decision adopted pursuant to article 9(1) of Regulation 1/2003.

(2)

On and after IP completion day the CMA must not—

(a)

accept a commitment under section 31A of the 1998 Act in relation to the agreement or conduct to which the relevant decision relates;

(b)

give a direction under section 32 of the 1998 Act in relation to the agreement to which the relevant decision relates; or

(c)

give a direction under section 33 of the 1998 Act in relation to the conduct to which the relevant decision relates;

which conflicts with any directions given or commitments made binding by the relevant decision.

Annotations

Textual amendments

F1

Sch. 4 paras. 8-8B substituted for Sch. 4 para. 8 (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 36(6)

Commencement

I1

Sch. 4 para. 8B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)