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The Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014

Consolidated Text Cited authorities 5 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2014/458
Year2014
  • This Order may be cited as the Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014 and shall come into force on 1st April 2014.
  • The Secretary of State approves the Rules made by the CMA set out in the Schedule.
  • The Competition Act 1998 (Office of Fair Trading's Rules) Order 2004
    • In these Rules—
    • “the Act” means the Competition Act 1998;
    • “CMA” means the Competition and Markets Authority;
    • “confidential information” means—
      • (a) commercial information whose disclosure the CMA or a regulator thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or
      • (b) information relating to the private affairs of an individual whose disclosure the CMA or a regulator thinks might significantly harm the individual's interests, or
      • (c) information whose disclosure the CMA or a regulator thinks is contrary to the public interest;
    • F5“infringement decision” means a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed;
    • “internal document” means—
      • (a) a document produced by, or exchanged between, the CMA, a regulator or another public authority and which has not been produced for the purpose of public disclosure by the CMA, a regulator or another public authority, or
      • (b) a document produced by, or exchanged between, any person from time to time retained under a contract for services by the CMA, a regulator or another public authority and the CMA, a regulator or another public authority and which has not been produced for the purpose of public disclosure;
    • “notice” means a notice that the CMA is required to give to a person under any of—
      • (a) rule 5,
      • (b) rule 11, F6or
      • (c) rule 15(3) ...
      • (d) ...
    • “oral hearing” means a hearing in which a relevant party may make oral representations on any matter referred to in a notice;
    • “Procedural Officer” means any relevant person who is required to exercise any function under rules 6(5) and 8(1) ;
    • “public authority” includes—
      • (a) in the United Kingdom, a court or tribunal and any person exercising functions of a public nature, and
      • (b) in any country or territory outside the United Kingdom, a court or tribunal and any person or body which appears to the CMA or a regulator to be exercising functions of a public nature;
    • “relevant party” means a person to whom a notice is required to be given, except where the CMA does not address a proposed infringement decision or infringement decision to that person in accordance with rules 5(3) or 10(2) ;
    • “relevant person” means any of the following categories of person who has been authorised by the CMA or a regulator's Board to exercise any function under these Rules—
      • (a) one or more members of the CMA Board or a regulator's Board,
      • (b) one or more members of the CMA panel or a regulator's Panel,
      • (c) one or more members of staff of the CMA or a regulator,
      • (d) jointly by one or more of the persons mentioned in paragraph (a) , (b) or (c) .
    Except where these Rules otherwise provide, expressions used in the Act which are also used in these Rules have the same meaning in these Rules as they have in section 59 of the Act.this rule,rule 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .There is to be a relevant person who oversees the investigation under the Act and who is to decide whether notice of a proposed infringement decision under rule 5 is given.Subject to rule 9(4) there is to be a different relevant person from the relevant person referred to in paragraph (1) , who has not been involved in the investigation, who decides whether any supplementary notice of a proposed infringement decision under rule 5 is given, whether to make an infringement decision under rule 10 and whether to impose a penalty under rule 11.For the purposes of paragraph (2) the different relevant person must comprise at least two relevant persons.considers it reasonable in the circumstances to do so, andis satisfied that such conditions as he considers it is appropriate to impose in granting the occupier's request are being, or will be, complied with.A person required by the CMA under section 26(6) (a) (ii) or (b) considers it reasonable in the circumstances to do so, andis satisfied that such conditions as he considers it appropriate to impose in granting the individual's request are being, or will be, complied with.For the purposes of paragraphs (1) and (3) , a “reasonable time” means such period of time as the officer considers is reasonable in the circumstances.In this rule, “officer” means an investigating officer within the meaning of section 27(1) ... of the Act or a named officer of the CMA authorised by a warrant issued under section 28 F14or 28A of the Act.

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