Paragraph 28 I1

(1)

Article 31 (exceptions to duty to enforce) is amended as follows.

(2)

In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.

(3)

After that paragraph insert—

“(1A)
Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(1B)
The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.”

(4)

In paragraph (3)—

(a)

in the words before sub-paragraph (a)—

(i)

for “, (c) or (d)” substitute “ or (c) ”, and

(ii)

after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

(b)

in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.

Annotations

Commencement

I1: Sch. 14 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)