# The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996, Regulation 11: Functions of the MMC on reference of a practice


(1) On a reference under regulation 5 the MMC shall investigate and report on the questions —
(a) whether the practice which is the subject of the reference is being carried on or has been carried on;
(b) whether that practice infringes or has infringed Article 86;
(c) whether any qualifying undertaking is carrying on or has carried on the practice;
(d) whether the infringement of Article 86 has had an effect on competition in the United Kingdom and, if so, what are those effects.
(2) Where, during an investigation on a reference under regulation 5, it appears to the MMC that a practice similar in form and effect to the practice which is the subject of the reference may be being carried on or may have been carried on by a qualifying undertaking and that the United Kingdom may have a duty to rule on that practice under Article 88, the MMC may investigate and report on that practice as if it had been the subject of the reference.

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Source: https://www.legislation.gov.uk/uksi/1996/2199/regulation/11 (the official version)
Page: https://openlegislation.uk/ec-competition-law-articles-88-and-89-enforcement-regulations-1996/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.