Part 4Market Studies and Market Investigations

Chapter 1 Market Studies and market investigation references

Determination of references

F1138ATime-limits for discharging duty under section 138

F2A1

Subsection (A3) applies in relation to an adverse effect on competition in respect of which the CMA—

(a)

has begun an implementation trial under section 161C, or

(b)

considers that it is not reasonably practicable to discharge its duty under section 138(2) in accordance with subsection (1) as a result of such an implementation trial in respect of another adverse effect on competition.

A2

Subsection (1) applies in relation to any other adverse effect on competition.

A3

Where this subsection applies, the CMA must discharge its duty under section 138(2) before the day specified under section 161D(5)(b)(ii).

(1)

F3Where this subsection applies, the CMA shall discharge its duty under section 138(2) within the period of 6 months beginning with the date on which it publishes the report concerned under section 136.

(2)

The CMA may extend, by no more than 4 months, the period within which its duty under section 138(2) is required to be discharged F4in accordance with subsection (1) if it considers that there are special reasons for doing so.

(3)

The CMA may extend the period within which its duty under section 138(2) is required to be discharged if it considers that—

(a)

a person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 174 which was given in relation to the reference; and

(b)

the failure is preventing the CMA from properly discharging its duty under section 138(2).

(4)

An extension under subsection (2) or (3) shall come into force when published under section 172.

(5)

An extension under subsection (3) continues in force until—

(a)

the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b)

the CMA publishes its decision to cancel the extension.