OpenLegislation

Section 133 Contents of referencesC1C2C3C4C5C6C7C8C9

United Kingdom

(1)

A market investigation reference shall, in particular, specify—

(a)

the enactment under which it is made;

(b)

the date on which it is made; F1...

(c)

F2in the case of an ordinary reference, the description of goods or services to which the feature or combination of features concerned relatesF3; and

(d)

in the case of a cross-market reference, the feature or features concerned and the descriptions of goods or services to which it or they relate.

(1A)

F4A market investigation reference may be framed so as to require the group constituted by the chair of the CMA in respect of the reference to confine its investigation into the effects of features of markets in the United Kingdom for goods or services of a description specified in the reference to the effects of particular features of such markets.

(1B)

For the purposes of subsection (1A), “particular features” means features specified in the reference.

(2)

F5For the purposes of subsection (1A), a reference may (for example) specify or describe features that exist in connection with—

(a)

a supply F6or, in the case of a cross-market reference, supplies, of a description specified in the reference, of the goods or services concerned; or

(b)

an acquisition F7or, in the case of a cross-market reference, acquisitions, of a description specified in the reference, of the goods or services concerned.

(3)

A description of the kind mentioned in subsection (2)(a) or (b) may, in particular, be by reference to—

(a)

the place where the goods or services are supplied or acquired; or

(b)

the persons by or to whom they are supplied or by or from whom they are acquired.

Annotations

Textual amendments

F1

Word in s. 133(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 2(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Words in s. 133(1)(c) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 2(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

S. 133(1)(d) and word inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 2(2)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

S. 133(1A)(1B) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 136(2)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 8, 20)

F5

Words in s. 133(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 136(2)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 8, 20)

F6

Words in s. 133(2)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 2(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7

Words in s. 133(2)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 2(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Pt. 4 modified by 2012 c. 7, s. 73(3)(b) (as substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 189(4)(c) (with art. 3))

C2

Pt. 4 modified by 2000 c. 38, s. 86(4A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(6) (with art. 3))

C3

Pt. 4 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 57; S.I. 2014/416, art. 2(1)(c) (with Sch.)

C4

Pt. 4 modified by 2012 c. 19, s. 60(3A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 197(5) (with art. 3))

C5

Pt. 4 certain functions made exercisable concurrently (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 59(1)-(5), 148(5); S.I. 2014/823, art.

C6

Pt. 4 modified by 1991 c. 56, s. 31(4) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(d) (with art. 3))

C7

Pt. 4 modified by 1989 c. 29, s. 43(2B) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 65(4)(d) (with art. 3))

C8

Pt. 4 modified by 1986 c. 44, s. 36A (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(d) (with art. 3))

C9

Pt. 4 modified by 1993 c. 43, s. 67(4)(d) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(d) (with art. 3))