Part 4Market Studies and Market Investigations

Chapter 1 Market Studies and market investigation references

Making of references

132 Ministerial power to make references

(1)

Subsection (3) applies where, in relation to any goods or servicesF1—

(a)

the appropriate Minister is not satisfied with a decision of the F2CMA not to make a reference under section 131F3; and

(b)

in a case in which the CMA has published a market study notice under section 130A, the period permitted by section 131B for the preparation and publication by the CMA of the market study report has expired.

(2)

Subsection (3) also applies where, in relation to any goods or services, the appropriate Minister—

(a)

has brought to the attention of the F2CMA information which the appropriate Minister considers to be relevant to the question of whether the F2CMA should make a reference under section 131; but

(b)

is not satisfied that the F2CMA will decide, within such period as the appropriate Minister considers to be reasonable, whether F4to publish a market study notice in relation to the matter concerned.

(3)

The appropriate Minister may, subject to subsection (4), make a reference to the F5chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if he has reasonable grounds for suspecting that any feature, or combination of features, of a market in the United Kingdom for goods or services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

F6(3A)

In a case where the feature or each of the features concerned falls within section 131(2)(b) or (c), a reference under subsection (3) may be made in relation to more than one market in the United Kingdom for goods or services.

(4)

No reference shall be made under this section ifF7—

(a)

the making of the reference is prevented by F8section 156(A1) or (1)F9; or

(b)

a reference has been made under section 140A(6) in relation to the same matter but has not been finally determined.

(5)

In this Part “the appropriate Minister” means—

(a)

the Secretary of State; F10...

(b)

the Secretary of State and one or more than one other Minister of the Crown acting jointly;

F11(c)

the Scottish Ministers and the Secretary of State acting jointly; or

(d)

the Scottish Ministers, the Secretary of State and one or more than one other Minister of the Crown, acting jointly.