Paragraph 16 I1I2

In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary: investigation powers), after section 109A insert—

“Extra-territorial application of notices under section 109

109B

(1)

This section applies to the exercise of the CMA’s power to give a person a notice under section 109(2) or (3).

(2)

The power is exercisable so as to—

(a)

give the notice to a person who is outside the United Kingdom (subject to subsection (3));

(b)

require the production of documents, or the supply of information, held outside the United Kingdom.

(3)

The CMA’s power to give a notice under section 109(2) or (3) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—

(a)

the person is, or was, part of, or involved with or carrying on, an enterprise which has or may have ceased, or may cease, to be a distinct enterprise in circumstances where a reference has been, or may be, made under section 22, 33, 45, 62, 62B or 68C, or a foreign state intervention notice has been given under section 70A(1), in relation to the enterprise, or

(b)

the person has a UK connection.

(4)

For the purposes of subsection (3)(b), a person has a UK connection if the person—

(a)

is a United Kingdom national;

(b)

is an individual who is habitually resident in the United Kingdom;

(c)

is a body incorporated under the law of any part of the United Kingdom;

(d)

carries on business in the United Kingdom.

(5)

Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 109(2) or (3) to a person outside the United Kingdom.”