The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

Functions of the MMC on a reference of an agreement

10.—(1) On a reference under regulation 4 the MMC shall investigate and report on the questions —

(a) whether such an agreement which is the subject of the reference exists or has existed;

(b) whether any qualifying undertaking is or was a party to it;

(c) whether the agreement falls within Article 85(1);

(d) whether the agreement affects or has affected competition within the United Kingdom, and, if so, what are those effects.

(2) Where, during an investigation on a reference under regulation 4, it appears to the MMC —

(a) that there may have existed or be in existence an agreement (other than that which is the subject of the reference) to which some or all of the parties to the agreement which is the subject of the reference are party;

(b) that the parties to that other agreement include a qualifying undertaking; and

(c) that the United Kingdom may have a duty to rule on that agreement under Article 88;

the MMC may investigate and report on that agreement as if it had been the subject of the reference.

(3) Where a report of the MMC on a reference under regulation 4 includes the conclusions that —

(a) the agreement which is the subject of the reference (or is treated as the subject by virtue of the preceding paragraph) exists or has existed;

(b) a qualifying undertaking is or was a party to it; and

(c) the agreement falls within Article 85(1);

the MMC shall also investigate and report on the question whether in their opinion the conditions for application of Article 85(3) are met.