Paragraph 10 Potential competition infringementsI1I2C1
United Kingdom
A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has engaged in conduct constituting—
an offence under section 188 of the Enterprise Act 2002 (cartel offence), or
a substantially similar offence under the law of a country or territory outside the United Kingdom.
Sub-paragraph (1) does not apply if—
the CMA has given written notice to the supplier or connected person under section 190(4) of the Enterprise Act 2002 (immunity from prosecution for cartel offences) in connection with the conduct, or
a regulator or other authority outside the United Kingdom has determined that the supplier or connected person is immune from prosecution in respect of the conduct.
Annotations
Modifications
- C1
Sch. 7 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
Sch. 7 para. 10 not in force at Royal Assent, see s. 127(2)
- I2
Sch. 7 para. 10 in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))