Financial Services and Markets Act 2000 Explanatory Notes

Schedule 14: Role of the Competition Commission

837.This schedule is concerned with the role of the Commission.  It is introduced by section 162.

Paragraph 1: Provision of information by Treasury

838.This paragraph provides that the Treasury may give information and assistance to the Commission on matters falling within the investigation.  For example, the Treasury may wish to tell the Commission about its view of the UK’s international obligations in a particular area, or gives its view of the systemic risk implications of changing regulating provisions or practices.

Paragraph 2: Consideration of matters arising on a report

839.This paragraph provides that the Commission has to have regard to any cost-benefit analysis produced by the Authority on the regulating provisions or practices in question and to any representations made by other persons with a substantial interest.

Paragraph 3: Applied provisions

840.This paragraph applies provisions of the Fair Trading Act 1973 and other competition legislation which give the Commission powers to investigate and which make it an offence to provide false or misleading information to the Commission.

Paragraph 4: Publication of reports

841.This paragraph concerns the publication of reports by the Commission.  When it publishes a report the Commission, like the DGFT under section 160, must so far as is practicable exclude any matter which relates to the affairs of a person which might seriously prejudice that person’s interests.  Sub-paragraph (4) provides that such information does not need to be excluded from the version of the report which is required to be sent to the Director, the Treasury and the Authority under section 162(10).

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