Part 4Regulation of approved regulators
Competition
57Reports by the F1CMA
1
2
A report under subsection (1)—
a
must state what, in the F4CMA's opinion, is the effect, or likely effect, on competition of the regulatory arrangements or part of them to which the report relates, and
b
may contain recommendations as to the action which the Board should take for the purpose of ensuring that the regulatory arrangements of the approved regulator do not prevent, restrict or distort competition.
3
Where the F7CMA makes a report under subsection (1), it must—
a
give a copy of the report to the Board, the Consumer Panel and the approved regulator, and
b
publish the report.
4
Before publishing a report under subsection (3)(b), the F7CMA must, so far as practicable, exclude any matter which relates to the private affairs of a particular individual the publication of which, in the opinion of the F7CMA, would or might seriously and prejudicially affect the interests of that individual.
5
The F7CMA may exercise any of the powers conferred on it by section 174(3) to (5) F5and (6A) of the Enterprise Act 2002 (c. 40) (investigation powers) for the purpose of assisting it in exercising its functions under this section F6and references in section 174 of the Enterprise Act 2002 to a “permitted purpose” are to be construed accordingly.
F25A
Where the CMA exercises any of its powers under section 174 of the Enterprise Act 2002 for the purpose referred to in subsection (5), “the relevant day” for the purposes of section 174B of the Enterprise Act 2002 is the day on which the CMA publishes its report.
6
For the purposes of the law of defamation, absolute privilege attaches to any report of the F7CMA under this section.