The State Aid (EU Exit) Regulations 2019

Decision based on incorrect information

34.—(1) This regulation applies if—

(a) the CMA takes a specified decision; and

(b) the CMA subsequently considers that—

(i) the CMA may have been provided with incorrect or misleading information during the relevant examination or investigation; and

(ii) the incorrect or misleading information may have been a determining factor for the decision.

(2) The CMA may open an investigation for the purpose of deciding—

(a) whether to revoke the specified decision; and

(b) if so, what replacement decision to take.

(3) If the CMA opens an investigation and decides to revoke a specified decision that was a decision that a measure does not constitute aid—

(a) taken under regulation 8(1)(a) or 11(2), regulations 11 and 12 apply as if the investigation was an investigation opened under regulation 8(1)(c);

(b) taken under regulation 15(5)(a) or 17(2), regulations 17 and 18 apply as if the investigation was an investigation opened under regulation 15(5)(c).

(4) If the CMA opens an investigation and decides to revoke a specified decision that was a decision to approve aid—

(a) taken under regulation 8(1)(b) or 11(2), regulations 11 and 12 apply as if the investigation was an investigation opened under regulation 8(1)(c);

(b) taken under regulation 15(5)(b) or 17(2), regulations 17 and 18 apply as if the investigation was an investigation opened under regulation 15(5)(c);

(c) taken under regulation 21(2), regulations 21 and 22 apply as if the investigation was an investigation opened under regulation 19(6).

(5) In this chapter, “specified decision” means a decision taken by the CMA—

(a) that a measure does not constitute aid under regulation 8(1)(a), 11(2), 15(5)(a) or 17(2); or

(b) to approve aid under regulation 8(1)(b), 11(2), 15(5)(b), 17(2) or 21(2).