Section 15C Sections 15A and 15B: supplementary.F1C1

For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

In giving any notice under section 15A(4) or 15B(3) above, the F3CMA 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 CMA 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 subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

The following sections of Part 3 of the Enterprise Act 2002 shall apply, F4as they had effect immediately before the relevant date and with the modifications mentioned in subsections F5(2DA), (2E) and (2F) below, for the purposes of any investigation by the F6CMA for the purposes of the exercise of its functions under section 15A or 15B above, as they F7applied immediately before that date for the purposes of any investigation on references under that Part—

Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—

Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if—

Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply F13, as it had effect immediately before the relevant date, in relation to functions of the F14CMA in connection with the exercise of its functions under section 15A and 15B above as it F15applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), F16—

Provisions of Part 3 of the Enterprise Act 2002 which F17, immediately before the relevant date, had effect for the purposes of sections 109 to 117 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 subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections F18as those provisions had effect immediately before that date.

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

The provisions are—

For the purpose of assisting the F19CMA in exercising their functions under sections 15A and 15B above, F20the Office of Rail and RoadF21. . . shall . . . give to the CMA any information in F22. . . its possession which relates to matters relevant to the exercise of those functions and—

and any other assistance which the CMA may require, and which it is within . . . its power to give, in relation to any such matters.

For the purpose of exercising those functions, the CMA shall take account of any information given to them for that purpose under subsection (3) above.

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