Paragraph 7 Completed investigations terminated by decisions under section 31(2)(c) or (d) of the 1998 Act

(1)

This paragraph applies where, before exit day, the CMA has made a decision within the meaning of section 31(2)(c) or (d) of the 1998 Act.

(2)

On and after exit day, in connection with the decision, the enactments mentioned in sub-paragraphs (3) to (8) have effect as described there.

(3)

Part 1 of the 1998 Act has effect—

(a)

without the modifications made by Part 2 of these Regulations, other than the modifications made by regulations 21(3), 22 and 23 (principles to be applied in determining questions), and

(b)

with the further modifications set out in sub-paragraph (4).

(4)

The further modifications mentioned in sub-paragraph (3)(b) are as follows—

(a)

references (however expressed) to a decision of the European Commission or a Member State competition authority that there has been an infringement of the prohibition in Article 101(1) or 102 of the Treaty on the Functioning of the European Union do not include a decision made on or after exit day;

(b)

paragraph 21(3) of Schedule 8A to the 1998 Act has effect as if—

(i)

in sub-paragraph (a), after “if the competition authority makes a decision” there were inserted “before exit day”;

(ii)

the “and” at the end of sub-paragraph (a) were omitted;

(iii)

in sub-paragraph (b), for “otherwise” there were substituted “if the competition authority closes the investigation before exit day without making such a decision”; and

(iv)

after sub-paragraph (b) there were inserted—

“; and

(c)
otherwise, at the end of the period of one year beginning with exit day.”.

(5)

Section 16 of the 2002 Act^f1 has effect without the modification made by regulation 33 of these Regulations.

(6)

The enactments listed in paragraphs 2 to 9 and 11 to 15 of Schedule 1 to these Regulations and in paragraphs 11 and 13 of Part 3 of Schedule 2 to these Regulations have effect without the modifications made in those paragraphs.

(7)

Subordinate legislation made under Part 1 of the 1998 Act has effect without the modifications made by Part 1 of Schedule 2 to these Regulations, except for the modifications made by paragraph 4(4) of that Schedule (amendments to the Competition Act 1998 (Competition and Market Authority’s Rules) Order 2014).

(8)

The Competition Appeal Tribunal Rules 2015 have effect without the modifications made by paragraph 8 of Schedule 2 to these Regulations, except for the modifications made by sub-paragraphs (4), (5) and (6) of that paragraph.

(9)

References in sub-paragraph (4)(a) to a decision by a Member State competition authority are to be interpreted in accordance with paragraph 3(6) of Schedule 8A to the 1998 Act (see paragraph (c) of that provision).

Annotations

Footnotes

f1: Section 16 was amended by paragraph 81(a) of Schedule 9 to the Crime and Courts Act 2013 (c. 22), paragraph 21 of Schedule 8 to the Consumer Rights Act 2015 and S.I. 2012/1809.