[F1140BAdvice about effect of regulating provision or practiceU.K.
(1)In this Chapter, any reference to the giving of “section 140B advice” to a regulator is to be read in accordance with this section.
[F2(2)The CMA gives “section 140B advice” to a regulator if—
(a)it gives advice to the regulator under section 7 of the Enterprise Act 2002 (provision of competition advice to Ministers etc) and the advice states that in the opinion of the CMA one or more of the things mentioned in subsection (4) may cause, or contribute to, the effect mentioned in subsection (5), or might be expected to do so in the future;
(b)a report published by it under section 136 of the Enterprise Act 2002 (investigations and reports on market investigation reference) contains—
(i)a decision that one or more of the things mentioned in subsection (4) may cause, or contribute to, the effect mentioned in subsection (5), and
(ii)a recommendation that any action should be taken by that regulator.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Those things are—
(a)a regulating provision or practice of the regulator,
(b)two or more regulating provisions or practices (of that regulator or of both regulators) taken together,
(c)a particular combination of regulating provision or practices (of that regulator or of both regulators), or
(d)a feature, or combination of features, of a [F4one or more markets] in the United Kingdom that could be dealt with by regulating provision or practices (of that regulator or of both regulators).
(5)That effect is the prevention, restriction or distortion of competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.]
Textual Amendments
F1Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F2S. 140B(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 122(1) (with art. 3)
F3S. 140B(3) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 122(2) (with art. 3)
F4Words in s. 140B(4)(d) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 122(3) (with art. 3)