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The Competition Act 1998 (Concurrency) Regulations 2014

Consolidated Text As Enacted Cited authorities 30 Cited in Amendments 1 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2014/536
Year2014
  • These Regulations may be cited as the Competition Act 1998 (Concurrency) Regulations 2014 and come into force on 1st April 2014.
    • (1) In these Regulations—
    • “the Act” means the Competition Act 1998;
    • “the CMA's Rules” means the Competition and Markets Authority's Rules set out in the Schedule to the Competition Act 1998 (Competition and Market Authority's Rules) Order 2014 ;
    • “notify” means to notify in writing (including electronically) and “notice” shall be construed accordingly;
    • “Part 1 functions” means any functions under Part 1 of the Act which are, or (but for provision under these Regulations) would be, exercisable concurrently by two or more competent persons ;
    • “prescribed functions” means—
      • (i) any of the functions of the CMA under section 25 of the Act;
      • (ia) F9any of the functions of the CMA under section 40ZB, 40ZC or 40ZD of the Act;
      • (ii) the function of making a decision, as defined in section 46(3) of the Act;
      • (iii) any of the functions of the CMA under paragraph 4 of Schedule 1 to the Act or under an order made under section 50 of the Act; and
    • “relevant competent persons” has the meaning given in regulation 4(2) .
    (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • the Chapter I prohibition
  • the Chapter II prohibition,
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    • (1) If a competent person proposes to exercise any of the prescribed functions in respect of a case and it considers that another competent person has or may have concurrent jurisdiction to exercise Part 1 functions in respect of that case, it must inform that other competent person in writing of its intention to exercise prescribed functions in respect of that case.(2) Where a competent person has informed another competent person of its intention to exercise prescribed functions in accordance with paragraph (1) in respect of a case, all such competent persons (“the relevant competent persons”) must agree who is to exercise Part 1 functions in respect of that case.(3) When agreement has been reached in accordance with paragraph (2) , the CMA must as soon as practicable inform in writing the other relevant competent persons which competent person is to exercise Part 1 functions in respect of the case.(1) If the relevant competent persons are not able to reach agreement in accordance with regulation 4(2) within a reasonable time, the CMA must notify the other relevant competent persons that it intends to determine which relevant competent person is to exercise Part 1 functions in respect of the case.(2) Any relevant competent person may make representations in writing to the CMA no later than 5 working days after the date upon which the CMA notifies its intention to make a determination in accordance with paragraph (1) .determine which competent person is to exercise Part 1 functions in respect of the case; andwhich competent person is to exercise jurisdiction in respect of the case,the date of the determination, andthe reasons for the determination.must take into consideration any representations made in accordance with paragraph (2) ; and(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) Where two or more competent persons may have concurrent jurisdiction to exercise Part 1 functions in respect of a case, no competent person shall exercise any prescribed functions in respect of that case before agreement has been reached in accordance with regulation 4(2) or a determination has been made in accordance with regulation 5(3) (a) as to which competent person is to exercise Part 1 functions in respect of that case.(2) Subject to regulations 7 and 8, once agreement has been reached in accordance with regulation 4(2) or a determination has been made in accordance with regulation 5(3) (a) as to which competent person is to exercise Part 1 functions in respect of a case, no other competent person shall exercise any Part 1 functions in respect of that case.(1) A competent person who has exercised any Part 1 functions in respect of a case (“the transferor”) may agree with another competent person who but for regulation 6 would have, concurrent jurisdiction to exercise Part 1 functions in respect of that case (“the transferee”) to transfer the case to the transferee.notify the undertaking which is the subject of the exercise of Part 1 functions in that case (the undertaking concerned) and any other person likely to be materially affected by the transfer, of the proposed transfer, andgive such recipients of the notice the opportunity to make written representations upon the proposal within no less than 10 working days of the date of that notice.(3) The transferor and transferee must take into account any written representations made in accordance with paragraph (2) (b) before agreeing the transfer.inform the recipients of the notice under paragraph (2) in writing of their decision and the reasons for it, andif the transfer has been agreed, that the transferee is to exercise jurisdiction in respect of the case from the date of the transfer.(5) The transferor is not under any obligation to notify any person in accordance with paragraph (2) or to inform any person in accordance with paragraph (4) if the transferor has not informed the that person that it has exercised Part 1 functions in respect of the case.

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