Competition Act 1998

[F1 40ZD Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions U.K.

(1) The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—

(a) to monitor compliance with transferred EU anti-trust commitments, or

(b) to decide whether to make an application under section 40ZB(2) in respect of those transferred EU anti-trust commitments.

(2) The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—

(a) to monitor compliance with a transferred EU anti-trust direction, or

(b) to decide whether to make an application under section 40ZC(2) in respect of a transferred EU anti-trust direction.

(3) The powers conferred by subsections (1) and (2) are to be exercised by a notice in writing which indicates the subject matter and purpose of the demand (including identifying the transferred EU anti-trust commitments or transferred EU anti-trust direction in question).

(4) The CMA may also specify in the notice—

(a) the time and place at which any document is to be produced or any information is to be provided;

(b) the manner and form in which it is to be produced or provided.

(5) The power under this section to require a person to produce a document includes power—

(a) if the document is produced—

(i) to take copies of it or extracts from it;

(ii) to require that person, or any person who is a present or past officer of, or is or was at any time employed by, that person, to provide an explanation of the document;

(b) if the document is not produced, to require that person to state, to the best of their knowledge and belief, where it is.

(6) In this section—

• “specified” means—

  (a)

  specified, or described, in the notice under subsection (3), or

  (b)

  falling within a category which is specified, or described, in that notice;

• “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1);

• “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).]

Textual Amendments

F1 Ss. 40ZA-40ZD inserted by S.I. 2019/93, reg. 13A (as inserted 31.12.2020 by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 4)