33 In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each
place where it occurs) substitute “CMA”.

34 In section 57 (defamation), for “OFT” substitute “CMA”.

35 In the cross-heading preceding section 58, for “OFT” substitute “CMA”.

36 (1) 5Section 58 (findings of fact) is amended as follows.

(2) In subsection (1), for “an OFT’s” substitute “a CMA’s”.

(3) In subsection (2)—

(a) for “an OFT’s” substitute “a CMA’s”, and

(b) for “OFT” (in each place where it occurs) substitute “CMA”.

(4) 10In subsection (3), for “OFT” substitute “CMA”.

(5) In the heading, for “OFT” substitute “CMA”.

37 In section 58A (findings of infringements), in subsections (3) and (4), for
“OFT” (in each place where it occurs) substitute “CMA”.

38 (1) Section 59 (interpretation of Part 1) is amended as follows.

(2) 15In subsection (1)—

(a) after the definition of “the Chapter II prohibition” insert—

• ““the CMA” means the Competition and Markets
  Authority;”, and

(b) omit the definition of “the OFT”.

(3) 20In subsection (4), for “OFT” substitute “CMA”.

39 In section 60 (principles to be applied in determining questions), in
subsection (4), for “OFT” (in each place where it occurs) substitute “CMA”.

40 In section 61 (interpretation of Part 2), in subsection (1)—

(a) after the definition of “books and records” insert—

• 25““the CMA” means the Competition and Markets
  Authority;”, and

(b) omit the definition of “the OFT”.

41 In section 62 (power to enter business premises under a warrant: Article 20
inspections), in subsections (5) and (10), for “OFT” (in each place where it
30occurs) substitute “CMA”.

42 In section 62A (power to enter non-business premises under a warrant:
Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each
place where it occurs) substitute “CMA”.

43 In section 62B (powers when conducting Article 22(2) inspection), in
35subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

44 In section 63 (power to enter business premises under a warrant: Article
22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each
place where it occurs) substitute “CMA”.

45 (1) 40Section 65C (interpretation of Part 2A) is amended as follows.

(2) In subsection (1), in the definition of “Article 22(1) investigation”, for “OFT”
substitute “CMA”.

(3) In subsection (2)—

(a) after the entry for “Article 82” insert—

• 5““the CMA”;”, and

(b) omit the entry for “the OFT”.

(4) In subsection (4), for “OFT” substitute “CMA”.

46 In section 65D (power to conduct an Article 22(1) investigation), in
subsection (1), for “OFT” substitute “CMA”.

47 10In section 65E (powers when conducting Article 22(1) investigations), in
subsections (1) and (5), for “OFT” (in each place where it occurs) substitute
“CMA”.

48 In section 65F (power to enter business premises without a warrant), in
subsections (1) and (3), for “OFT” (in each place where it occurs) substitute
15“CMA”.

49 In section 65G (power to enter business premises under a warrant), in
subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs)
substitute “CMA”.

50 In section 65H (power to enter domestic premises under a warrant), in
20subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs)
substitute “CMA”.

51 In section 65N (false or misleading information), in subsections (1) and (2),
for “OFT” (in each place where it occurs) substitute “CMA”.

52 In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8),
25for “OFT” (in each place where it occurs) substitute “CMA”.

53 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

(2) In paragraph 4, in sub-paragraphs (1) to (5), for “OFT” (in each place where
it occurs) substitute “CMA”.

(3) In paragraph 5, for “OFT” (in each place where it occurs) substitute “CMA”.

54 (1) 30Schedule 3 (general exclusions) is amended as follows.

(2) In paragraph 9, in sub-paragraphs (3) to (7), for “OFT” (in each place where
it occurs) substitute “CMA”.

55 (1) Schedule 6A (commitments) is amended as follows.

(2) In paragraph 1, for “OFT” substitute “CMA”.

(3) 35In paragraph 2—

(a) in sub-paragraph (1), for “OFT” substitute “CMA”,

(b) in sub-paragraph (2)—

(i) for “OFT” (in each place where it occurs) substitute “CMA”,
and

(ii) 40for “OFT’s” substitute “CMA’s”.

(4) In paragraph 3, in sub-paragraph (1), for “OFT” substitute “CMA”.

(5) In paragraph 4, for “OFT” (in each place where it occurs) substitute “CMA”.

(6) In paragraph 5, for “OFT” substitute “CMA”.

(7) In paragraph 6, for “OFT” substitute “CMA”.

(8) In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”.

(9) 5In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(10) In paragraph 10, for “OFT” substitute “CMA”.

(11) In paragraph 11, in sub-paragraph (1), for “OFT” substitute “CMA”.

(12) In paragraph 12, for “OFT” substitute “CMA”.

(13) In paragraph 13, for “OFT” substitute “CMA”.

(14) 10In paragraph 14, for “OFT” (in each place where it occurs) substitute “CMA”.

56 (1) Schedule 8 (appeals) is amended as follows.

(2) In paragraph 2, in sub-paragraph (2), for “OFT’s” substitute “CMA’s”.

(3) In paragraph 3, in sub-paragraphs (2) and (3), for “OFT” (in each place where
it occurs) substitute “CMA”.

(4) 15In paragraph 3A, in sub-paragraph (3), for “OFT” substitute “CMA”.

57 (1) Schedule 9 (rules under section 51) is amended as follows.

(2) In the heading, for “OFT’s” substitute “CMA’s”.

(3) In paragraph 1, for “OFT” substitute “CMA”.

(4) In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
20it occurs) substitute “CMA”.

(5) In paragraph 8, for “OFT” (in each place where it occurs) substitute “CMA”.

(6) In paragraph 9, for “OFT” (in each place where it occurs) substitute “CMA”.

(7) In paragraph 11, for “OFT” substitute “CMA”.

(8) In paragraph 12, in sub-paragraph (1)—

(a) 25for “OFT” substitute “CMA”, and

(b) for “OFT’s” substitute “CMA’s”.

(9) In paragraph 13—

(a) for “OFT” substitute “CMA”, and

(b) for “OFT’s” substitute “CMA’s”.

(10) 30In paragraph 14, for “OFT” substitute “CMA”.

Part 2 Transfer of functions under the 2002 Act to the CMA

58 The Enterprise Act 2002 is amended as follows.

Part 1

59 (1) Section 5 (acquisition of information etc) is amended as follows.

(2) In subsections (1), (2) and (3), for “OFT” (in each place where it occurs)
substitute “CMA”.

(3) 5In the italic cross-heading preceding the section for “OFT” substitute “the
CMA”.

60 In section 6 (provision of information etc to the public), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

61 (1) Section 7 (provision of information and advice to Ministers etc) is amended
10as follows.

(2) In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

62 Omit section 8 (promoting good consumer practice).

63 (1) 15Section 11 (super-complaints) is amended as follows.

(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

(3) In subsection (3), for “OFT’s” substitute “CMA’s”.

(4) In subsection (7), for “OFT” substitute “CMA”.

64 20For the title to Part 1 substitute “General functions of the CMA”.

Part 2

65 In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal
rules), in paragraph 22(2), for “OFT” substitute “CMA”.

Part 3

66 (1) 25Section 22 (duty to make references in relation to completed mergers) is
amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3), make a reference to its chair for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
30Reform Act 2012 if the CMA believes that it is or may be the case that—”.

(3) In subsection (2)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (a), omit “to the Commission”.

(4) In subsections (3) and (3A), for “OFT” (in each place where it occurs)
35substitute “CMA”.

(5) In subsection (7)—

(a) in paragraph (a), for “the OFT or (as the case may be) the

Commission” substitute “the CMA”, and “in paragraph (b), for “the OFT, the Commission” substitute “the
CMA”.

67 In section 23 (relevant merger situations), in subsection (9), in paragraph (a),
5for “Commission” substitute “CMA”.

68 In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in
each place where it occurs) substitute “CMA”.

69 In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for
“OFT” (in each place where it occurs) substitute “CMA”.

70 10In section 28 (turnover test), in subsection (5), for “OFT” substitute “CMA”.

71 (1) Section 33 (duty to make references in relation to anticipated mergers) is
amended as follows.

(2) In subsection (1), for the words before paragraph (a) substitute “The CMA
shall, subject to subsections (2) and (3), make a reference to its chair for the
15constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012 if the CMA believes that it is or may be the case that—”.

(3) In subsection (2)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”,

(b) in paragraph (a), omit “to the Commission”, and

(c) 20in paragraph (b), omit “to the Commission”.

(4) In subsections (3) and (3A), for “OFT” (in each place where it occurs)
substitute “CMA”.

72 (1) Section 34A (duty where case referred by the European Commission) is
amended as follows.

(2) 25In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2)—

(a) in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (a), omit “to the Commission”.

(4) In subsection (3), for “OFT” (in each place where it occurs) substitute
30“CMA”.

(5) In the heading, for “OFT” substitute “CMA”.

73 Before section 35 (but after the italic cross-heading immediately preceding
it) insert—

“34C Functions to be exercised by CMA groups

(1) 35Where a reference is made to the chair of the CMA under section 22
or 33 for the constitution of a group under Schedule 4 to the
Enterprise and Regulatory Reform Act 2012, the functions of the
CMA under or by virtue of the following provisions of this Part in
relation to the matter concerned are to be carried out on behalf of the
40CMA by the group so constituted—

(a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and
(6) and 37(6);

(b) where a reference is treated by virtue of section 37(2) as
having been made under section 22, section 23(9)(a);

(c) section 76, as it applies in relation to orders under section 83,
and sections 77, 78 and 80 to 84;

(d) 5section 87, so far as relating to an enforcement order made on
behalf of the CMA by the group;

(e) sections 92(4), 94 and 94A, so far as relating to an enforcement
undertaking or enforcement order made on behalf of the
CMA by the group;

(f) 10section 104, so far as relating to a decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section;

(g) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(h) 15section 109, where the permitted purpose in question relates
to a function that (by virtue of this section) is being or is to be
carried out on behalf of the CMA by the group;

(i) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(j) 20section 120(5)(b), so far as relating to a decision of the group;

(k) Schedule 10, so far as relating to an enforcement undertaking
or enforcement order which the group is considering
accepting or making, or which the group has accepted or
made, on behalf of the CMA.

(2) 25The functions of the CMA under section 95(4) in relation to the
matter concerned may be carried out on behalf of the CMA by the
group.

(3) Nothing in subsection (1) prevents the CMA Board from exercising a
function of the CMA under or by virtue of the following provisions
30of this Part where the group constituted as mentioned in subsection
(1) has ceased to exist—

(a) section 76 and Schedule 10, so far as relating to the making of
an order under section 76 in relation to an order under section
83;

(b) 35section 83 and Schedule 10, so far as relating to the making of
an order under section 83;

(c) sections 76 (as it applies in relation to an order under section
83), 80 to 84 and Schedule 10, so far as relating to the
variation, supersession or release of enforcement
40undertakings or the variation or revocation of enforcement
orders;

(d) section 87;

(e) sections 92(4) and 94.”

74 In section 35 (questions to be decided in relation to completed mergers), in
45subsections (1) and (3) to (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

75 In section 36 (questions to be decided in relation to anticipated mergers), in
subsections (1) to (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

76 (1) Section 37 (cancellation and variation of references under section 22 or 33) is
amended as follows.

(2) In subsections (1) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

(3) 5In subsection (6), for “OFT” substitute “CMA”.

(4) Omit subsections (7) and (8).

(5) In subsection (9)—

(a) for “OFT” substitute “CMA”, and

(b) for “Commission” substitute “CMA”.

77 (1) 10Section 38 (investigations and reports on references under section 22 or 33)
is amended as follows.

(2) In subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

(3) Omit subsection (4).

78 15In section 39 (time-limits for investigations and reports), in subsections (1),
(3), (4) and (8), for “Commission” (in each place where it occurs) substitute
“CMA”.

79 In section 40 (section 39: supplementary), in subsections (10), (11) and (13),
for “Commission” (in each place where it occurs) substitute “CMA”.

80 20In section 41 (duty to remedy effects of completed or anticipated mergers),
in subsections (1) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”.

81 (1) Section 42 (intervention by Secretary of State in certain public interest cases)
is amended as follows.

(2) 25In subsection (2), for “OFT” substitute “CMA”.

(3) In subsection (6)—

(a) for “OFT” (in each place where it occurs) substitute “CMA”, and

(b) for “Commission” substitute “CMA”.

82 (1) Section 43 (intervention notices under section 42) is amended as follows.

(2) 30In subsection (4)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

(b) for “Commission” (in each place where it occurs) substitute “CMA”.

83 (1) Section 44 (investigation and report) is amended as follows.

(2) In subsections (2) and (3), for “OFT” (in each place where it occurs) substitute
35“CMA”.

(3) In subsection (4) —

(a) in the words before paragraph (a), for “OFT” substitute “CMA”, and

(b) in paragraph (c), omit “to the Commission”.

(4) In subsections (5), (5A) and (7), for “OFT” (in each place where it occurs)
40substitute “CMA”.

(5) In the heading, for “OFT” substitute “CMA”.

84 (1) Section 45 (power of Secretary of State to refer matter) is amended as
follows.

(2) In subsection (1), in paragraph (b), for “OFT” substitute “CMA”.

(3) 5In subsections (2) to (5), for “to the Commission” (in each place where it
occurs) substitute “to the chair of the CMA for the constitution of a group
under Schedule 4 to the Enterprise and Regulatory Reform Act 2012”.

(4) In the heading, for “Commission” substitute “CMA”.

85 In section 46 (references under section 46: supplementary), in subsection (2),
10for “OFT” substitute “CMA”.

86 (1) Section 46A (cases referred by European Commission where intervention
notice is in force) is amended as follows.

(2) In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2), in paragraph (a), omit “to the Commission”.

87 15Before section 47 (but after the italic cross-heading immediately preceding
it) insert—

“46D Functions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 45
for the constitution of a group under Schedule 4 to the Enterprise and
20Regulatory Reform Act 2012, the functions of the CMA under or by
virtue of the following provisions of this Part in relation to the matter
concerned are to be carried out on behalf of the CMA by the group
so constituted—

(a) sections 47 to 53;

(b) 25where a reference is treated by virtue of section 49(1) as
having been made under section 45(2) or (3), section 23(9)(ab)
(as it has effect by virtue of section 42(6));

(c) section 56(3) and (6);

(d) sections 104, so far as relating to any decision mentioned in
30paragraph (a)(iii) of the definition of relevant decision in
subsection (6) of that section, and 104A;

(e) section 107, so far as relating to anything done on behalf of
the CMA by the group;

(f) section 109, where the permitted purpose relates to a function
35that (by virtue of this section) is being or is to be carried out
on behalf of the CMA by the group;

(g) sections 110 to 115, so far as relating to a notice given under
section 109 on behalf of the CMA by the group;

(h) section 118(4);

(i) 40section 120(5)(b), so far as relating to a decision of the group.”

88 In section 47 (questions to be decided on references under section 45), in
subsections (1) to (11), for “Commission” (in each place where it occurs)
substitute “CMA”.

89 In section 48 (cases where references on certain questions need not be
decided), in subsections (1) to (3) for “Commission” (in each place where it
occurs), substitute “CMA”.

90 In section 49 (variation of references under section 45), in subsections (1) to
5(4) and (7) to (9), for “Commission” (in each place where it occurs) substitute
“CMA”.

91 In section 50 (investigations and reports on references under section 45), in
subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

92 (1) 10Section 51 (time-limits for investigations and reports) is amended as follows.

(2) In subsections (1) to (4) and (8), for “Commission” (in each place where it
occurs) substitute “CMA”.

(3) In the heading, for “Commission” substitute “CMA”.

93 Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for
15“Commission” (in each place where it occurs) substitute “CMA”.

94 (1) Section 53 (restrictions on action where public interest considerations not
finalised) is amended as follows.

(2) In subsection (1), for “Commission” substitute “CMA”.

(3) In subsection (2), omit “to the Commission”.

(4) 20In subsections (3) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”

(5) In subsections (1) to (5), for “Commission” (in each place where it occurs)
substitute “CMA”

95 (1) Section 54 (decision of Secretary of State in public interest cases) is amended
25as follows.

(2) In subsection (1), for “Commission” substitute “CMA”.

(3) In subsection (3), omit “to the Commission” (in each place where it occurs).

(4) In subsections (5) and (6), for “Commission” (in each place where it occurs)
substitute “CMA”.

(5) 30In subsection (7)—

(a) omit “to the Commission” (in each place where it occurs),

(b) for “of the Commission” (in each place where it occurs) substitute “of
the CMA”, and

(c) in paragraph (b)(ii), for “OFT” substitute “CMA”.

96 35In section 55 (enforcement action by Secretary of State), in subsection (3), for
“Commission” substitute “CMA”.

97 (1) Section 56 (competition cases where intervention on public interest grounds
ceases) is amended as follows.

(2) In subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
40“CMA”.

(3) In subsection (3)—

(a) for “Commission” (in each place where it occurs) substitute “CMA”,

(b) for “the report of the OFT” substitute “its report”, and

(c) omit “to it by the OFT”.

(4) In subsection (4), for “Commission” (in each place where it occurs) substitute
5“CMA”.

(5) In subsection (6)—

(a) for “Commission” substitute “CMA”, and

(b) omit “to it”.

(6) In subsection (7), for “Commission” (in each place where it occurs) substitute
10“CMA”.

(7) In subsection (8)—

(a) for “Commission” substitute “CMA”, and

(b) omit “to the Commission by the OFT”.

98 (1) Section 57 (duties of authorities to inform Secretary of State) is amended as
15follows.

(2) In subsection (1), for “OFT” substitute “CMA”.

(3) In subsection (2)—

(a) for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”, and

(b) 20for “OFT, OFCOM or (as the case may be) the Commission”
substitute “CMA or (as the case may be) OFCOM”.

(4) In the heading, for “OFT and Commission” substitute “CMA and OFCOM”.

99 In section 58 (specified considerations), in subsection (4)(b) for “OFT,
OFCOM, the Commission” substitute “CMA, OFCOM”.

100 (1) 25Section 59 (intervention by Secretary of State in special public interest cases)
is amended as follows.

(2) In subsection (2), for “OFT” substitute “CMA”.

(3) In subsection (6)—

(a) for “OFT” (in each place where it occurs) substitute “CMA”, and

(b) 30for “Commission” substitute “CMA”.

101 (1) Section 60 (special intervention notices under section 59) is amended as
follows.

(2) In subsection (4)—

(a) in paragraph (a), for “OFT” substitute “CMA”, and

(b) 35for “Commission” (in each place where it occurs) substitute “CMA”.

102 (1) In section 61 (initial investigation and report) is amended as follows.

(2) In subsections (2) to (4A) and (6), for “OFT” (in each place where it occurs)
substitute “CMA”.

(3) In the heading, for “OFT” substitute “CMA”.

103 (1) 40Section 62 (power of Secretary of State to refer matter) is amended as
follows.