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| | Schedule 5, page 89, line 13, at end insert ‘, and |
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| | ( ) | at the end insert “; and |
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| | (b) | for the purposes of section 34C, the group constituted |
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| | in consequence of the reference under section 45 is to |
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| | be treated as if it were constituted in consequence of |
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| | a reference under section 22 or (as the case may be) |
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| | Clause 21, page 17, line 38, at end insert— |
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| | ‘(13) | No member involved in the decision making process shall have taken any part in |
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| | the phase one investigation.’. |
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| | Schedule 12, page 188, line 4, at end insert— |
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| | ‘(d) | the resources which will be assigned to the market study.’. |
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| | Schedule 12, page 188, line 35, leave out ‘6’ and insert ‘3’. |
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| | Schedule 12, page 188, line 35, leave out ‘6’ and insert ‘12’. |
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| | Schedule 12, page 189, line 32, leave out ‘6’ and insert ‘3’. |
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| | Schedule 12, page 189, line 32, leave out ‘6’ and insert ‘12’. |
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| | Schedule 12, page 189, line 41, leave out ‘6’ and insert ‘3’. |
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| | Schedule 12, page 189, line 41, leave out ‘6’ and insert ‘12’. |
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| | Schedule 12, page 193, line 15, after ‘if’, insert ‘the CMA has accepted an |
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| undertaking or group of undertakings under section 154 and’. |
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| | Schedule 12, page 193, line 33, at end insert— |
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| | ‘() | In subsection (1), after paragraph (a) insert— |
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| | “(aa) | any decision not to make a reference under section 131 |
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| | following a consultation in relation to the matter concerned |
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| | Schedule 12, page 194, line 3, at end insert— |
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| | ‘ | In section 179 (review of decisions under Part 4), in subsection (2), before |
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| | “(za) | does not include a decision whether to carry out functions |
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| | under section 5 in a case where the CMA is, or would have |
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| | been, required to publish a market study notice (see section |
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| | Schedule 11, page 183, line 18, leave out subsection (5). |
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| | Schedule 11, page 184, line 42, after ‘140A(2)’, insert ‘(b)’. |
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| | Schedule 11, page 184, line 46, after ‘140A(2)’, insert ‘(b)’. |
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| | Schedule 11, page 186, line 12, leave out from ‘exceeding’ to end of line 17 and |
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| | | ‘10 per cent. of the company’s revenues for the previous year, or £30,000 |
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| | (ba) | in the case of any amount calculated by reference to a daily rate, an |
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| | amount per day exceeding 10 per cent. of the company’s revenues for |
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| | the previous year, or £15,000 whichever is the higher; and |
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| | (cb) | in the case of a fixed amount and an amount calculated by reference to |
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| | a daily rate, a fixed amount exceeding £30,000 or 10 per cent. of the |
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| | company’s revenues for the previous year whichever is the higher, |
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| | | and an amount per day exceeding £15,000 or 1 per cent. of the company’s |
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| | revenues for the previous year whichever is the higher, or’. |
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| | Clause 27, page 21, line 24, after ‘where’, insert ‘— |
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| | Clause 27, page 21, line 25, at end insert ‘; or |
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| | (b) | the CMA has begun the process of consultation under section 169 in |
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| | respect of a decision of the kind mentioned in subsection (6)(a)(i) of that |
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| | Clause 27, page 21, line 30, after ‘permitted period’, insert ‘, in a case to which this |
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| section applies by virtue of paragraph (a) of subsection (A1),’. |
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| | Clause 27, page 21, line 42, after ‘period.’ insert— |
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| | ‘(1B) | For the purposes of subsection (1), the permitted period, in a case to which this |
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| | section applies by virtue of paragraph (b) of subsection (A1), is the period |
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| | beginning with the date on which the CMA begins the process of consultation |
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| | concerned and ending with— |
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| | (a) | the acceptance by the CMA of an undertaking under section 154 instead |
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| | of the making of a reference under section 131 in relation to the matter |
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| | (b) | the publication of notice of the fact that the CMA has otherwise decided |
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| | not to make such a reference in relation to the matter; or |
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| | (c) | the making of such a reference in relation to the matter.’. |
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| | Clause 27, page 22, line 28, leave out ‘In subsection (1A)(a), the’ and insert ‘In this |
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| | Clause 27, page 22, line 33, leave out ‘subsection (1A)(a)’ and insert ‘this section’. |
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| | Clause 27, page 22, line 44, at end insert— |
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| | ‘(1A) | This section also applies where— |
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| | (a) | the CMA has conducted a consultation under section 169 in respect of a |
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| | decision of the kind mentioned in subsection (6)(a)(i) of that section; |
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| | (b) | the CMA has decided that it should make an ordinary reference or a |
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| | cross-market reference in relation to the matter concerned under section |
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| | (c) | an intervention notice under section 139(1) is in force in relation to the |
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| | matter at the time when the CMA makes that decision.’. |
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| | Clause 27, page 23, leave out lines 3 to 6 and insert— |
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| | ‘(b) | in a case falling within subsection (1), shall not publish the market study |
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| | report under section 131B(4) and shall instead, within the period |
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| | mentioned in section 131B(4), give the report to the Secretary of State; |
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| | |
| | (c) | in a case falling within subsection (1A), shall give to the Secretary of |
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| | State a document containing— |
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| | (i) | its decision and the reasons for its decision; and |
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| | (ii) | such information as the CMA considers appropriate for |
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| | facilitating a proper understanding of the reasons for its |
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| | Clause 27, page 23, line 13, leave out ‘contained in the market study report |
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| | Clause 27, page 23, line 20, leave out ‘section 131B’ and insert ‘this Part’. |
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| | Clause 27, page 23, line 23, leave out ‘contained in the market study report’. |
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| | Clause 27, page 23, line 37, leave out ‘market study report concerned contains the |
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| decision of the CMA’ and insert ‘decision of the CMA was’. |
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| | Clause 27, page 23, line 40, leave out ‘report contains the decision of the CMA’ |
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| and insert ‘decision of the CMA was’. |
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| | Clause 27, page 23, line 43, at beginning insert ‘In a case falling within subsection |
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| | Clause 27, page 23, line 45, at end insert— |
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| | ‘( ) | In a case falling within subsection (1A), the Secretary of State shall publish the |
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| | document given to the Secretary of State by the CMA under subsection (2)(c), at |
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| | the same time as the Secretary of State makes a reference under this section.’. |
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| | Schedule 10, page 172, line 8, after ‘notice’, insert ‘or (as the case may be) the |
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| consultation under section 169’. |
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| | Schedule 10, page 172, line 10, after ‘notice’, insert ‘or (as the case may be) on |
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| which the process of consultation began’. |
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| | Schedule 10, page 172, line 38, after 140A(2)’ insert ‘(b)’. |
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| | Schedule 10, page 172, line 41, at end insert— |
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| | ‘(4BA) | Subsection (4C) also applies in a case where— |
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| | (a) | an intervention notice ceases to be in force in accordance with subsection |
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| | (b) | the CMA has, before the time at which the notice ceases to be in force— |
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| | (i) | decided that it should make an ordinary reference or a cross- |
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| | market reference under section 131 in relation to the matter |
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| | (ii) | given a document containing its decision, the reasons for it and |
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| | such information as the CMA considers appropriate for |
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| | facilitating a proper understanding of the reasons for its decision |
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| | to the Secretary of State in accordance with section 140A(2)(c).’. |
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| | Schedule 10, page 172, line 47, leave out ‘section 131B’ and insert ‘this Part’. |
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| | Schedule 10, page 178, line 22, leave out ‘section 131B’ and insert ‘this Part’. |
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| | Schedule 10, page 179, line 33, leave out ‘section 131B’ and insert ‘this Part’. |
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| | Schedule 10, page 179, line 38, leave out ‘section 131B’ and insert ‘this Part’. |
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| | Schedule 10, page 181, line 9, at end insert— |
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| | ‘() | In subsection (7), omit “or (2)(d)”.’. |
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| | Clause 29, page 28, line 11, at end insert— |
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| | ‘(c) | when subsection (2B) is applied, the relevant authority must publish a |
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| | cost benefit assessment for the measures applied.’. |
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| | Clause 34, page 32, line 45, at end insert— |
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| | ‘(5A) | After sub-paragraph 2(4) insert— |
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| | “(5) | No member involved in the decision making process shall have taken any |
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| | part in the investigation.”.’. |
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| | Clause 39, page 35, line 6, at end insert— |
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| | ‘(2A) | In subsection (1), after “at least two undertakings (A and B)”, insert— |
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| | | “with the intention of substantially reducing competition.”.’. |
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| | Clause 39, page 35, line 35, at end insert— |
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| | ‘(e) | in all cases the relevant information about the arrangements is available |
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| | on the undertakings website under the title “commercial arrangements”.’. |
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| | Schedule 15, page 203, line 29, leave out paragraph (a) and insert— |
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| | ‘(a) | omit “to the Competition Commission” (in each place where it |
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| | Clause 48, page 41, line 16, at end add— |
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| | ‘“consumers” includes small businesses, up to 50 employees in size.’. |
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| | Page 46, line 34, leave out Clause 57. |
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