Explanatory Notes

Enterprise and Regulatory Reform Act 2013

2013 CHAPTER 24

25 April 2013

Commentary on Sections

Part 3: the Competition and Markets Authority and Part 4: Competition Reform

Part 4: Competition Reform

Chapter 5: Miscellaneous
Enforcement orders: markets and mergers
Section 50: Enforcement orders: provision of information

366.Section 50 amends Schedule 8 of the EA 2002 to provide that the CMA or the Secretary of State will be able to require parties to publish non-pricing information without also having to require parties to publish pricing information. There are some instances in which the publication of certain information unrelated to prices may be an effective and proportionate remedy, for example information telling customers how they may switch supplier. The current position (under paragraph 15 of Schedule 8 of the EA 2002) is that, if the CMA were to put in place such a remedy by means of an order, it would also have to require price information to be published.