Article 27 CMA's power of veto following report: supplementaryF13I1

For the purposes of the law relating to defamation, absolute privilege attaches to any notice under paragraph (4)(a), (6) or (9) of Article 26.

In giving any notice under paragraph (4)(a) or (6) of Article 26, or publishing any notice under paragraph (9) of that Article, the F1CMA must have regard to the following considerations before disclosing any information.

The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the F2CMA thinks is contrary to the public interest.

The second consideration is the need to exclude from disclosure (so far as practicable)—

The third consideration is the extent to which the disclosure of the information mentioned in paragraph (4)(a) or (b) is necessary for the purposes of the notice.

The following sections of Part 3 of the Enterprise Act shall apply, F3as they had effect immediately before the relevant date and with the modifications mentioned in paragraphsF4(6A), (7) and (8), for the purposes of any investigation by the F5CMA for the purposes of the exercise of its functions under Article 26, as they F6applied immediately before that date for the purposes of any investigations on references under that Part—

Section 109 shall, in its application by virtue of paragraph (6), have effect as if—

Section 110 shall, in its application by virtue of paragraph (6), have effect as if—

Section 111(5)(b) shall, in its application by virtue of paragraph (6), have effect as if for sub-paragraph (ii) there were substituted—

“(ii)

if earlier, the day on which a notice is published by the F9CMA under Article 26(9) of the Water and Sewerage Services (Northern Ireland) Order 2006 in connection with the reference concerned or, if no direction is given by the CMA under Article 26(1) of that Order in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period.”

Provisions of Part 3 of the Enterprise Act which F10, immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of paragraph (6), have effect in relation to those sections as applied by virtue of that paragraph F11as those provisions had effect immediately before that date.

Accordingly, corresponding provisions of this Order shall not have effect in relation to those sections as applied by virtue of that paragraph.

In this Article “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.