15 In section 31E (enforcement of commitments), in subsection (1), for “OFT”
(in each place where it occurs) substitute “CMA”.

16 In section 32 (directions in relation to agreements), in subsection (1), for
“OFT” substitute “CMA”.

17 5In section 33 (directions in relation to conduct), in subsection (1), for “OFT”
substitute “CMA”.

18 In section 34 (enforcement of directions), in subsection (1), for “OFT”
substitute “CMA”.

19 In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for
10“OFT” (in each place where it occurs) substitute “CMA”.

20 In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in
each place where it occurs) substitute “CMA”.

21 In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each
place where it occurs) substitute “CMA”.

22 15In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5),
(6), (8) and (9), for “OFT” (in each place where it occurs) substitute “CMA”.

23 In section 39 (limited immunity in relation to the Chapter 1 prohibition), in
subsections (3) to (5) and (8), for “OFT” (in each place where it occurs)
substitute “CMA”.

24 20In section 40 (limited immunity in relation to the Chapter 2 prohibition), in
subsections (3) to (5) and (8), for “OFT” (in each place where it occurs)
substitute “CMA”.

25 In section 44 (false or misleading information), in subsections (1) and (2), for
“OFT” (in each place where it occurs) substitute “CMA”.

26 25In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in
each place where it occurs) substitute “CMA”.

27 In section 47 (third party appeals), in subsection (1), for “OFT” (in each place
where it occurs) substitute “CMA”.

28 In section 47A (monetary claims before Tribunal), in subsections (6) and (7),
30for “OFT” (in each place where it occurs) substitute “CMA”.

29 In section 50 (vertical agreements and land agreements), in subsection (3),
for “OFT” substitute “CMA”.

30 In the cross-heading preceding section 51, for “OFT’s” substitute “CMA’s”.

31 (1) Section 51 (rules) is amended as follows.

(2) 35In subsection (1), for “OFT” substitute “CMA”.

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

(4) In subsections (3) and (5) to (10), for “OFT” (in each place where it occurs)
substitute “CMA”.

32 (1) Section 52 (advice and information) is amended as follows.

(2) 40In subsection (1), for the words from the beginning to “the Director”
substitute “The CMA”.

(3) In subsection (1A), for the words from the beginning to “the OFT” substitute
“The CMA”.

(4) In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs)
substitute “CMA”.

33 5In 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) Section 58 (findings of fact) is amended as follows.

(2) 10In 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) In subsection (3), for “OFT” substitute “CMA”.

(5) 15In 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) In subsection (1)—

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

39 25In 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—

• ““the CMA” means the Competition and Markets
  30Authority;”, 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
occurs) substitute “CMA”.

42 35In 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
subsections (1) and (2), for “OFT” (in each place where it occurs) substitute
40“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) Section 65C (interpretation of Part 2A) is amended as follows.

(2) 5In 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—

• ““the CMA”;”, and

(b) 10omit 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 In section 65E (powers when conducting Article 22(1) investigations), in
15subsections (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
“CMA”.

49 20In 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
subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs)
25substitute “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),
for “OFT” (in each place where it occurs) substitute “CMA”.

53 (1) 30Schedule 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 In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in
35paragraph 5(3)(a), for “Director” substitute “CMA”.

55 (1) Schedule 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”.

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

(2) 40In paragraph 1, for “OFT” substitute “CMA”.

(3) In 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) 5for “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) 10In paragraph 7, for “OFT” (in each place where it occurs) substitute “CMA”.

(9) In 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) 15In paragraph 13, for “OFT” substitute “CMA”.

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

57 (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
20it occurs) substitute “CMA”.

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

58 (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) 25In paragraph 5, in sub-paragraphs (1) and (2), for “OFT” (in each place where
it 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) 30In paragraph 12, in sub-paragraph (1)—

(a) for “OFT” substitute “CMA”, and

(b) for “OFT’s” substitute “CMA’s”.

(9) In paragraph 13—

(a) for “OFT” substitute “CMA”, and

(b) 35for “OFT’s” substitute “CMA’s”.

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

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

59 The Enterprise Act 2002 is amended as follows.

Part 1

60 (1) 5Section 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) In the italic cross-heading preceding the section for “OFT” substitute “the
CMA”.

61 10In section 6 (provision of information etc to the public), in subsections (1)
and (2), for “OFT” (in each place where it occurs) substitute “CMA”.

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

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

(3) 15In subsection (2), for “OFT” (in each place where it occurs) substitute
“CMA”.

63 Omit section 8 (promoting good consumer practice).

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

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

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

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

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

Part 2

66 25In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal
rules), in paragraph 22(2), for “OFT” substitute “CMA”.

Part 3

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

(2) 30In 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
Reform Act 2012 if the CMA believes that it is or may be the case that—”.

(3) In subsection (2)—

(a) 35in 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)
substitute “CMA”.

(5) In subsection (7)—

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

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

69 10In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in
each place where it occurs) substitute “CMA”.

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

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

72 (1) 15Section 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
constitution of a group under Schedule 4 to the Enterprise and Regulatory
20Reform 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) in paragraph (b), omit “to the Commission”.

(4) 25In subsections (3) and (3A), for “OFT” (in each place where it occurs)
substitute “CMA”.

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

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

(3) 30In 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
“CMA”.

(5) 35In the heading, for “OFT” substitute “CMA”.

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

“34C Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 22
40or 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
CMA 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) 5where 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) section 87, so far as relating to an enforcement order made on
10behalf 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) section 104, so far as relating to a decision mentioned in
15paragraph (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) section 109, where the permitted purpose in question relates
20to 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) section 120(5)(b), so far as relating to a decision of the group;

(k) 25Schedule 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) The functions of the CMA under section 95(4) in relation to the
30matter 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
of this Part where the group constituted as mentioned in subsection
35(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) section 83 and Schedule 10, so far as relating to the making of
40an 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
undertakings or the variation or revocation of enforcement
45orders;

(d) section 87;

(e) sections 92(4) and 94.”

75 In section 35 (questions to be decided in relation to completed mergers), in
subsections (1) and (3) to (7), for “Commission” (in each place where it
50occurs) substitute “CMA”.

76 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”.

77 (1) Section 37 (cancellation and variation of references under section 22 or 33) is
5amended as follows.

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

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

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

(5) 10In subsection (9)—

(a) for “OFT” substitute “CMA”, and

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

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

(2) 15In subsections (1) to (3), for “Commission” (in each place where it occurs)
substitute “CMA”.

(3) Omit subsection (4).

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

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

81 In section 41 (duty to remedy effects of completed or anticipated mergers),
in subsections (1) to (5), for “Commission” (in each place where it occurs)
25substitute “CMA”.

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

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

(3) In subsection (6)—

(a) 30for “OFT” (in each place where it occurs) substitute “CMA”, and

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

83 (1) Section 43 (intervention notices under section 42) 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”.

84 (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
“CMA”.

(3) In subsection (4) —

(a) 40in 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)
substitute “CMA”.

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

85 (1) Section 45 (power of Secretary of State to refer matter) is amended as
5follows.

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

(3) In 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) 10In the heading, for “Commission” substitute “CMA”.

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

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

(2) 15In subsection (1), for “OFT” substitute “CMA”.

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

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

“46D Functions to be exercised by CMA groups

20Where 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
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 CMA by the group
25so constituted—

(a) sections 47 to 53;

(b) where 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) 30sections 104, so far as relating to any decision mentioned in
paragraph (a)(iii) of the definition of relevant decision in
subsection (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) 35section 109, where the permitted purpose 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;

(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) 40section 118(4);

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

89 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”.

90 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”.

91 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”.

92 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”.

93 (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”.

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

95 (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”

96 (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”.

97 35In section 55 (enforcement action by Secretary of State), in subsection (3), for
“Commission” substitute “CMA”.

98 (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)—