Report by MMC on reference under paragraph 4U.K.
5(1)The [F1Competition Commission]’s report on a reference under paragraph 4 shall contain their conclusions on the question or questions comprised in the reference, together with such an account of their reasons for those conclusions as is, in their opinion, expedient for facilitating a proper understanding of those conclusions.U.K.
(2)If the [F1Competition Commission]’s conclusions on any such question as is mentioned in paragraph 4(1)(a) are to the effect that the arrangements, or any particular provisions of the arrangements, do not satisfy the competition test, the report shall specify the modifications which the [F1Competition Commission] consider would, if incorporated in the arrangements, result in the arrangements or (as the case may be) the provisions in question satisfying that test (and those modifications may to any extent differ from those specified by the [F2OFT] in pursuance of paragraph 1(4)).
(3)If the [F1Competition Commission]’s conclusions on any such question as is mentioned in paragraph 4(1)(b) are to the effect that any modification so specified by the [F2OFT] ought to be incorporated for the purpose mentioned in that provision, the [F1Competition Commission] shall (unless the report specifies a like modification in pursuance of sub-paragraph (2) above) affirm that modification in the report; but, if their conclusions on any such question are to the effect that any such modification ought not to be so incorporated, the report shall specify such other modification (if any) as appears to them to be appropriate for that purpose.
(4)The [F1Competition Commission] shall—
(a)publish any report made by them under this paragraph in such manner as they consider appropriate; and
(b)send a copy of it to the [F2OFT], to the [F3ITC] and to every holder of a regional Channel 3 licence.
(5)Section 82 of the M1Fair Trading Act 1973 (general provisions as to reports) shall apply in relation to reports of the [F1Competition Commission]on references under paragraph 4 as it applies in relation to reports of the [F1Competition Commission] under that Act.
Textual Amendments
F1Words in Sch. 4 para. 5 substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)
F2Word in Sch. 4 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(f)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Word in Sch. 4 para. 5(4)(b) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)
Marginal Citations