Paragraph 17 I1I2

In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary: investigation powers), after section 174 insert—

“Extra-territorial application of notices under section 174

174ZA

(1)

This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5).

(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 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only 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.

(4)

In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)).

(5)

Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.”