Section 105 General information duties of CMAC1

United Kingdom

(1)

Where the F1CMA decides to investigate a matter so as to enable it to decide whether to make a reference under section 22 F2, 33, 68B or 68C, or so as to make a report under section 44 or 61, it shall, so far as practicable, take such action as it considers appropriate to bring information about the investigation to the attention of those whom it considers might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

(1A)

F3Where OFCOM decide to investigate a matter so as to make a report under section 44A or 61A, they shall, so far as practicable, take such action as they consider appropriate to bring information about the investigation to the attention of those who they consider might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

(2)

F4Subsections (1) and (1A) do not apply in relation to arrangements which might result in the creation of a relevant merger situation if a merger notice has been given in relation to those arrangements under section 96.

(3)

The F5CMA shall give the F6... F7OFCOM—

(a)

such information in its possession as F8...F9OFCOM may reasonably require to enable the ...OFCOM to carry out its functions under this Part; and

(b)

any other assistance which the F10... OFCOM may reasonably require for the purpose of assisting it in carrying out its functions under this Part and which it is within the power of the F11CMA to give.

(3A)

F12OFCOM shall give the F13 CMA —

(a)

such information in their possession as the F14CMA may reasonably require to enable the CMA to carry out its functions under this Part; and

(b)

any other assistance which the CMA may reasonably require for the purpose of assisting it in carrying out its functions under this Part and which it is within the power of OFCOM to give.

(4)

The F15CMA shall give the F16OFCOM any information in its possession which has not been requested by the F17... F18OFCOM but which, in the opinion of the CMA, would be appropriate to give to the ... OFCOM for the purpose of assisting it in carrying out its functions under this Part.

(4A)

F19OFCOM shall give the F20CMA any information in their possession which has not been requested by the F21CMA but which, in the opinion of OFCOM, would be appropriate to give to the CMA for the purpose of assisting it in carrying out its functions under this Part.

(5)

The F22CMA and OFCOM shall give the Secretary of State—

(a)

such information in their possession as the Secretary of State may by direction reasonably require to enable him to carry out his functions under this Part; and

(b)

any other assistance which the Secretary of State may by direction reasonably require for the purpose of assisting him in carrying out his functions under this Part and which it is within the power of the F23CMA or (as the case may be) OFCOM to give.

(6)

The F24CMA F25and OFCOM shall give the Secretary of State any information in F26their possession which has not been requested by the Secretary of State but which, in the opinion of the CMA F27or (as the case may be) OFCOM, would be appropriate to give to the Secretary of State for the purpose of assisting him in carrying out his functions under this Part.

(7)

The F28CMA shall have regard to any information given to it under subsection F29(3A) or (4A); and the Secretary of State shall have regard to any information given to him under subsection (5) or (6).

(7A)

F30OFCOM shall have regard to any information given to them under subsection (3) or (4); F31...

(8)

Any direction given under subsection (5)—

(a)

shall be in writing; and

(b)

may be varied or revoked by a subsequent direction.

Annotations

Textual amendments

F1: Word in s. 105(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in s. 105(1) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 24
F3: S. 105(1A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(2), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F4: Words in s. 105(2) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(3), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F5: Word in s. 105(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(a)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6: Words in s. 105(3) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(a)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7: Words in s. 105(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(4)(a), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F8: Words in s. 105(3)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9: Words in s. 105(3) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(4)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F10: Words in s. 105(3)(b) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(c)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11: Word in s. 105(3)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(3)(c)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12: S. 105(3A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(5), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F13: Word in s. 105(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14: Word in s. 105(3A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15: Word in s. 105(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F16: Word in s. 105(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F17: Words in s. 105(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(5)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F18: Words in s. 105(4) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(6)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F19: S. 105(4A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(7), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F20: Word in s. 105(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(6)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F21: Word in s. 105(4A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(6)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F22: Words in s. 105(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(7)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F23: Words in s. 105(5)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(7)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F24: Word in s. 105(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(8) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F25: Words in s. 105(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(a), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F26: Word in s. 105(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(b), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F27: Words in s. 105(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(9)(c), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1
F28: Word in s. 105(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(9)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F29: Words in s. 105(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(9)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F30: S. 105(7A) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 382(11), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F31: Words in s. 105(7A) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F32: Word in s. 105 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 137(11) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1: S. 105 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 1(1)(m)(13) (as amended by S.I. 2003/3180, art. 2, Sch. para. 10(13) (with transitional provisions and savings in art. 3) and (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(1)-(17) (with arts. 20-23))