Part 4Market Studies and Market Investigations

Chapter 2Public interest cases

Intervention notices under section 139(1)

148F1Restricted PI references: reversion of the matter to CMA

(1)

If—

(a)

the Secretary of State fails to make and publish his decision under subsection (2) of section 146 within the period required by subsection (3) of that section; or

(b)

the Secretary of State decides that no eligible public interest consideration is relevant as mentioned in subsection (2) of that section;

the F2CMA shall proceed under section 138 as if the report had been prepared and published under section 136 within the period permitted by section 137.

(2)

The F2CMA shall publish the report which has been prepared by it under section 142 (if still unpublished) as soon as it becomes able to proceed by virtue of subsection (1).

F3(3)

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F3(4)

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F3(5)

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(6)

In relation to proceedings by virtue of subsection (1), the reference in section 138(3) to decisions of the F4CMA included in its report by virtue of section 134(4) shall be construed as a reference to decisions which were included in the report of the F4CMA by virtue of section 141(4).

(7)

Where the F4CMA, in proceeding by virtue of subsection (1), intends to proceed in a way which is not consistent with its decisions as included in its report by virtue of section 141(4), it shall not so proceed without the consent of the Secretary of State.

(8)

The Secretary of State shall not withhold his consent under subsection (7) unless he believes that the proposed alternative way of proceeding will operate against the public interest.

(9)

For the purposes of subsection (8) a proposed alternative way of proceeding will operate against the public interest only if any eligible public interest consideration or considerations outweigh the considerations which have led the F5CMA to propose proceeding in that way.

(10)

In deciding whether to withhold his consent under subsection (7), the Secretary of State shall accept the F6CMA's view of what, if the only relevant consideration were how to remedy, mitigate or prevent the adverse effect on competition concerned or any detrimental effect on customers so far as resulting from the adverse effect on competition, would be the most appropriate way to proceed.

(11)

In this section “eligible public interest consideration” has the same meaning as in section 146.