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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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| | | Clause, as amended, Agreed to on division. |
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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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| | |
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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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| | |
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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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| | |
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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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| | | Schedule, as amended, Agreed to. |
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| | | |
| | Clause 29, page 28, line 11, at end insert— |
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| | | ‘(2BA) | When subsection (2B) is applied, the relevant authority must publish a cost |
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| | | benefit assessment for the measures applied.’. |
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| | | |
| | | Clauses 31 to 33 Agreed to. |
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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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| | | |
| | | Clauses 35 to 38 Agreed to. |
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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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| | | ‘(2A) | All “relevant information” must be made available on the undertakings website |
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| | | under the title “commercial arrangements”.’. |
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| | | |
| | | Clauses 40 to 43 Agreed to. |
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| | | |
| | | Clauses 44 to 47 Agreed to. |
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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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| | | |
| | | Schedule, as amended, Agreed to. |
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| | |
