Enterprise and Regulatory Reform Bill (HC Bill 7)

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

(3) In subsections (2) and (3), 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) 5In subsection (5), for “OFT” substitute “CMA”.

104 Before section 63 insert—

“62A Functions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 62
for the constitution of a group under Schedule 4 to the Enterprise and
10Regulatory 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 63 to 65;

(b) 15where a reference is treated by virtue of section 64(2) as
having been made under section 62(2), section 23(9)(ab) (as it
has effect by virtue of section 59(6));

(c) sections 104, so far as relating to any decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
20subsection (6) of that section, and 104A;

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

(e) section 109, where the permitted purpose relates to a function
that (by virtue of this section) is being or is to be carried out
25on behalf of the CMA by the group;

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

(g) section 118(4);

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

105 30In section 63 (questions to be decided on references under section 62), in
subsections (1) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

106 In section 64 (cancellation and variation of references under section 62), in
subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it
35occurs) substitute “CMA”.

107 In section 65 (investigations and reports on references under section 62), in
subsections (1) to (2A) and (4), for “Commission” (in each place where it
occurs) substitute “CMA”.

108 In section 66 (decision and enforcement action by Secretary of State), in
40subsections (1) to (4) and (7), for “Commission” (in each place where it
occurs) substitute “CMA”.

109 In section 67 (intervention to protect legitimate interests), in subsections (2)
and (8), for “OFT” (in each place where it occurs) substitute “CMA”.

110 In section 68 (scheme for protecting legitimate interests), in subsection (4)—

(a) 45in paragraph (b), for “OFT” substitute “CMA”,

(b) in paragraph (c), for “to the Commission” substitute “to the chair of
the CMA for the constitution of a group under Schedule 4 to the
Enterprise and Regulatory Reform Act 2012”, and

(c) in paragraph (d), for “the Commission” substitute “the CMA, acting
5through a group so constituted,”.

111 In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for
“OFT” (in each place where it occurs) substitute “CMA”.

112 In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5)
and (7), for “OFT” (in each place where it occurs) substitute “CMA”.

113 10In section 74 (effect of undertakings under section 73), in subsections (1), (2)
and (5), for “OFT” (in each place where it occurs) substitute “CMA”.

114 In section 75 (order making power where undertakings under section 73 not
fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it
occurs) substitute “CMA”.

115 (1) 15Section 76 (supplementary interim order-making power) is amended as
follows

(2) In subsection (1)—

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

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

(3) 20In subsections (2), (3), (4) and (7), for “OFT or (as the case may be) the
Commission” (in each place where it occurs) substitute “CMA”.

116 In section 77 (restrictions on certain dealings: completed mergers), in
subsections (2), (3), (5) and (6), for “Commission” (in each place where it
occurs) substitute “CMA”.

117 25In section 78 (restrictions on certain dealings: anticipated mergers), in
subsections (2) to (4), for “Commission” (in each place where it occurs)
substitute “CMA”.

118 (1) Section 79 (sections 77 and 78: further interpretation provisions) is amended
as follows.

(2) 30In subsection (1), for “Commission” (in each place where it occurs) substitute
“CMA”.

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

119 (1) Section 80 (interim undertakings) is amended as follows.

(2) In subsections (2), (5) and (9), for “Commission” (in each place where it
35occurs) substitute “CMA”.

(3) In subsection (10), for “Commission’s” substitute “CMA’s”.

120 (1) Section 81 (interim orders) is amended as follows.

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

(3) 40In subsection (9), for “Commission” substitute “CMA”.

121 In section 82 (final undertakings), in subsections (1), (2) and (5), for
“Commission” (in each place where it occurs) substitute “CMA”.

122 (1) Section 83 (order-making powers where final undertakings not fulfilled) is
amended as follows.

(2) In subsection (1)(b)—

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

(b) 5for “Commission decided” substitute “CMA decided”.

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

(4) Omit subsection (6).

123 (1) Section 84 (final orders) is amended as follows.

(2) 10In subsections (1) and (2), for “Commission” (in each place where it occurs)
substitute “CMA”.

(3) Omit subsection (4).

124 In section 85 (enforcement regime for public interest and special interest
cases), in subsection (2), for “OFT” substitute “CMA”.

125 (1) 15Section 91 (register of undertakings and orders) is amended as follows.

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

(3) In subsection (3)—

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

(b) 20in paragraph (d), for “Commission” substitute “CMA”.

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

(5) In subsection (5)—

(a) for “Commission and the Secretary of State” substitute “Secretary of
State”,

(b) 25for “OFT” substitute “CMA”, and

(c) for “by them” (in each place where it occurs) substitute “by the
Secretary of State”.

(6) In subsections (6) and (7), for “OFT” (in each place where it occurs) substitute
“CMA”.

126 30In the italic cross-heading preceding section 92, for “OFT” substitute “CMA”.

127 (1) Section 92 (duty to monitor undertakings and orders) is amended as follows.

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

(3) In subsection (3)—

(a) 35in the words before paragraph (a)—

(i) for “OFT” substitute “CMA”, and

(ii) omit “the Commission or (as the case may be)”,

(b) in paragraph (a)—

(i) omit “the Commission or (as the case may be)”, and

(ii) 40omit “it (or as the case may be)”, and

(c) in paragraphs (b) to (d), omit “the Commission or (as the case may
be)” (in each place where it occurs).

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

(5) 5In subsection (7)—

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

(b) omit paragraph (a), and

(c) in paragraph (b), for “the report” substitute “any report prepared by
it under subsection (6)”.

(6) 10In the heading, for “OFT” substitute “CMA”.

128 (1) Section 93 (further role in relation to undertakings and orders) is amended
as follows.

(2) In subsection (1), omit paragraph (a) and the word “or” immediately
following it.

(3) 15In subsection (2)—

(a) for the words from the beginning to “authority”)” substitute “The
Secretary of State”,

(b) for “OFT” substitute “CMA”,

(c) for “relevant authority” (in each place where it occurs) substitute
20“Secretary of State”, and

(d) omit “section 80 or 82 or (as the case may be)”.

(4) In subsection (3)—

(a) for “relevant authority” (in each place where it occurs) substitute
“Secretary of State”,

(b) 25for “OFT” substitute “CMA”, and

(c) for “OFT’s” substitute “CMA’s”.

(5) In subsection (4)—

(a) for “OFT” substitute “CMA”,

(b) for “relevant authority” substitute “Secretary of State”, and

(c) 30omit “section 80 or 82 or (as the case may be)”.

(6) In subsection (6)—

(a) for “relevant authority” substitute “Secretary of State”, and

(b) for “OFT” substitute “CMA”.

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

129 (1) 35Section 94 (rights to enforce undertakings and orders) is amended as
follows.

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

(3) Omit subsection (7).

130 (1) Section 95 (rights to enforce statutory restrictions) is amended as follows.

(2) 40In subsection (4), for “OFT or the Commission” substitute “CMA”.

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

131 (1) Section 96 (merger notices) is amended as follows.

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

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

132 (1) Section 99 (certain functions in relation to merger notices) is amended as
5follows.

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

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

(4) 10In the heading, for “OFT and Secretary of State” substitute “CMA”.

133 In section 100 (exceptions to protection given by merger notices), in
subsection (1), for “OFT” (in each place where it occurs) substitute “CMA”.

134 (1) Section 104 (certain duties of relevant authorities to consult) is amended as
follows.

(2) 15In subsection (6), in the definition of “relevant authority” for “OFT, the
Commission” substitute “CMA”.

(3) In that subsection, in the definition of “relevant decision”—

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

(b) in paragraph (a), after sub-paragraph (ii) insert “; or

(iii) 20on the questions mentioned in section 35(1) or
(3), 36(1) or (2), 47 or 63;”, and

135 In section 104A (public consultation in relation to media mergers), in
subsections (1) to (3), for “Commission” (in each place where it occurs)
25substitute “CMA”.

136 (1) Section 105 (general information duties) is amended as follows.

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

(3) In subsection (3)—

(a) in the words before paragraph (a)—

(i) 30for “OFT” substitute “CMA”, and

(ii) omit “Commission or”,

(b) in paragraph (a), omit “the Commission or (as the case may be)” (in
each place where it occurs), and

(c) in paragraph (b)—

(i) 35omit “the Commission or (as the case may be)”, and

(ii) for “OFT” substitute “CMA”.

(4) In subsection (3A)—

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

(b) 40for “Commission or (as the case may be) the OFT” (in each place
where it occurs) substitute “CMA”.

(5) In subsection (4)—

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

(b) for “the Commission or OFCOM” substitute “OFCOM”, and

(c) omit “the Commission or (as the case may be)” (in each place where
it occurs).

(6) 5In subsection (4A)—

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

(b) for “Commission or (as the case may be) the OFT” (in each place
where it occurs) substitute “CMA”.

(7) In subsection (5)—

(a) 10in the words before paragraph (a), for “OFT, OFCOM and the
Commission” substitute “CMA and OFCOM”, and

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

(8) In subsection (6), for “OFT” (in each place where it occurs) substitute
15“CMA”.

(9) In subsection (7)—

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

(b) for “(3), (3A), (4) or (4A)” substitute “(3A) or (4A)”.

(10) In subsection (7A), omit the words from “and the OFT” to the end of the
20subsection.

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

137 (1) Section 106 (advice and information about references under sections 22 and
33) is amended as follows.

(2) In subsection (1)—

(a) 25omit “As soon as reasonably practicable after the passing of this
Act,”,

(b) for “the OFT” substitute “The CMA”, and

(c) for the words from “the making” to the end of the subsection
substitute “—

(a) 30the making and consideration by it of references
under section 22 or 33, and

(b) the way in which relevant customer benefits may
affect the taking of enforcement action in relation to
such references.”

(3) 35In subsection (2), for “OFT” substitute “CMA”.

(4) Omit subsections (3) and (4).

(5) In subsection (5), in paragraph (b), for “OFT or (as the case may be) the
Commission” substitute “CMA”.

(6) In subsection (6)—

(a) 40omit “or (3)”, and

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

(7) In subsection (7)—

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

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

(8) In subsection (8), for “OFT shall consult the Commission and such other
persons” substitute “CMA shall consult such persons”.

(9) Omit subsection (9).

138 In section 106A (advice and information in relation to media mergers), in
5subsection (5), for “OFT, OFCOM, the Commission” substitute “CMA,
OFCOM”.

139 In section 106B (general advisory duties of OFCOM), in subsections (1) and
(3), for “Commission” substitute “CMA”.

140 (1) Section 107 (further publicity requirements) is amended as follows.

(2) 10In subsection (1)—

(a) for “OFT” substitute “CMA”,

(b) in paragraph (e), omit “or 76”, and

(c) omit paragraphs (g) and (h).

(3) In subsection (2), for “Commission shall” substitute “CMA shall also”.

(4) 15In subsection (3)—

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

(b) in paragraph (e), for “Commission” substitute “CMA”.

(5) In subsection (9)—

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

(b) 20in paragraph (b), for “Commission” substitute “CMA”.

(6) In subsection (10)—

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

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

(7) In subsection (11), for “Commission’s” substitute “CMA’s”.

141 25In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute
“CMA, OFCOM”.

142 In section 109 (attendance of witnesses and production of documents etc.),
in subsection (3)(a), for “the Commission” substitute “the CMA”.

143 In section 110 (enforcement of powers under section 109: general), in
30subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where
it occurs) substitute “CMA”.

144 In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in
each place where it occurs) substitute “CMA”.

145 In section 112 (penalties), in subsections (1) to (3), for “Commission” (in each
35place where it occurs) substitute “CMA”.

146 In section 113 (payment and interest by instalments), in subsections (3) and
(4), for “Commission” (in each place where it occurs) substitute “CMA”.

147 In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7),
for “Commission” (in each place where it occurs) substitute “CMA”.

148 40In section 115 (recovery of penalties), for “Commission” (in each place where
it occurs) substitute “CMA”.

149 In section 116 (statement of policy), in subsections (1), (3) and (4), for
“Commission” (in each place where it occurs) substitute “CMA”.

150 In section 117 (false or misleading information), in subsections (1) and (2),
for “OFT, OFCOM, the Commission” (in each place where it occurs)
5substitute “CMA, OFCOM”.

151 (1) Section 118 (excisions from reports) is amended as follows.

(2) In subsection (1)—

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

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

(3) 10In subsection (5), for “Commission” substitute “CMA”.

152 (1) Section 119 (minority reports) is amended as follows.

(2) In subsection (1)—

(a) omit “in pursuance of paragraph 15 of Schedule 7 to the Competition
Act 1998 (c. 41)1998 (c. 41)”, and

(b) 15for “Commission” (in each place where it occurs) substitute “CMA”.

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

153 (1) Section 119B (monitoring role in relation to media mergers) is amended as
follows.

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

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

154 In section 120 (review of decisions under Part 3), in subsection (1)—

(a) for “OFT” substitute “CMA”, and

(b) for “the Secretary of State or the Commission” substitute “or the
25Secretary of State”.

155 (1) Section 121 (fees) is amended as follows.

(2) In subsection (1)—

(a) for “OFT of” substitute “CMA of”, and

(b) for “OFT, OFCOM and the Commission” substitute “CMA and
30OFCOM”.

(3) In subsections (3), (4) and (7), for “OFT” (in each place where it occurs)
substitute “CMA”.

(4) In subsection (8)—

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

(b) 35for “OFT, OFCOM and the Commission” substitute “CMA and
OFCOM”.

(5) In subsection (9), for “OFT” substitute “CMA”.

156 (1) Section 122 (primacy of Community law) is amended as follows.

(2) In subsection (1)—

(a) 40omit “or (3)”, and

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

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

157 Section 123 (power to alter share of supply test), in subsection (4), for “OFT
and the Commission” substitute “CMA”.

158 (1) 5Section 130 (index of defined expressions) is amended as follows.

(2) At the appropriate place in the table insert—

(3) Omit the entries in the table for “The Commission” and “The OFT”.

(4) In the first column of the entry for “Reports of the Commission”, for
10“Commission” substitute “CMA”.

159 (1) Schedule 7 (enforcement regime for public interest and special interest
cases) is amended as follows.

(2) In paragraph 2, in sub-paragraphs (2), (10) and (11), for “OFT” (in each place
where it occurs) substitute “CMA”.

(3) 15In paragraph 3, in sub-paragraph (3), for “OFT” (in each place where it
occurs) substitute “CMA”.

(4) In paragraph 4, in sub-paragraphs (2) and (3), for “OFT” (in each place where
it occurs) substitute “CMA”.

(5) In paragraph 5, in sub-paragraphs (1) and (6), for “OFT” (in each place where
20it occurs) substitute “CMA”.

(6) In paragraph 7, in sub-paragraphs (8) and (9), for “Commission” (in each
place where it occurs) substitute “CMA”.

(7) In paragraph 8—

(a) in sub-paragraphs (7) and (8), for “Commission” (in each place where
25it occurs) substitute “CMA”, and

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

(8) In paragraph 10, in sub-paragraphs (1) and (6), for “OFT” (in each place
where it occurs) substitute “CMA”.

(9) In paragraph 11, in sub-paragraph (5), for “OFT” substitute “CMA”.

160 (1) 30Schedule 8 (provision that may be contained in certain enforcement orders)
is amended as follows.

(2) In paragraph 8, in sub-paragraph (3), for “Commission” substitute “CMA”.

(3) In paragraph 19, for “OFT” (in each place where it occurs) substitute “CMA”.

(4) In paragraph 24 —

(a) 35omit paragraph (a), and

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

161 In Schedule 10 (procedural requirements for certain enforcement
undertakings and orders), in paragraph 2(1), for “the OFT, the Commission”
substitute “the CMA”.

Part 4

162 (1) 5Section 131 (power to make market investigation references) is amended as
follows.

(2) In subsection (1), for the words before “has reasonable grounds” substitute
“The CMA may, subject to subsection (4), make a reference to its chair for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
10Reform Act 2012 if the CMA”.

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

163 (1) Section 132 (ministerial power to make market investigation references) is
amended as follows.

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

(3) In subsection (3), for “Commission” substitute “chair of the CMA for the
constitution of a group under Schedule 4 to the Enterprise and Regulatory
Reform Act 2012”.

164 In section 133 (contents of references), in subsection (2), for “Commission”
20substitute “group constituted by the chair of the CMA in respect of the
reference”.

165 Before section 134 (but after the italic cross-heading immediately preceding
it) insert—

“133A Functions to be exercised by CMA groups

(1) 25Where a reference is made to the chair of the CMA under section 131,
132 or 140A 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
30CMA by the group so constituted—

(a) sections 134 to 138B, except for section 135(1);

(b) sections 140B to 145, 148, 148A and 151;

(c) sections 157 and 158;

(d) section 159;

(e) 35section 160, except for subsection (6) of that section;

(f) section 161, except for subsection (5) of that section;

(g) section 162(4), so far as relating to an enforcement
undertaking or enforcement order made on behalf of the
CMA by the group;

(h) 40section 164(2)(b), so far as relating to an enforcement order
made on behalf of the CMA by the group;

(i) section 167, so far as relating to an enforcement undertaking
or enforcement order made on behalf of the CMA by the
group;