Explanatory Notes

Enterprise Act 2002

2002 CHAPTER 40

7 November 2002

Commentary on Sections

Part 4: Market Investigations

Introduction

Chapter 2: Public interest cases
Intervention notices under section 139(1)
Section 141: Questions to be decided by Commission

329.This section sets out the issues to be considered by the CC in a market investigation case where an intervention notice is in force.

330.In addition to the issues that must be considered by the CC in relation to a ‘competition-only’ market investigation (see section 134), including the CC’s preferred remedies in this context (provided for by subsection (4)), the CC should consider what course of action would be appropriate in the light of any eligible public interest considerations (as required by subsection (3)).