# Procurement Act 2023, Paragraph 9: Potential competition infringements

Extent: E+W+S+N.I.

(1) A discretionary exclusion ground applies to a supplier if—
(a) the CMA has made a decision under the Competition Act 1998 that the supplier or a connected person has infringed the Chapter II prohibition, or
(b) a regulator or other authority outside the United Kingdom has made a decision that the supplier or a connected person has infringed any substantially similar prohibition.
(2) In this paragraph the reference to the CMA includes a reference to a regulator referred to in section 54(1) of the Competition Act 1998 in circumstances where it exercises functions concurrently with the CMA in accordance with that Act.

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Source: https://www.legislation.gov.uk/ukpga/2023/54/schedule/7/paragraph/9 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/schedule-7/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.