Enterprise Act 2002

[F1 161C Power to conduct implementation trials U.K.

(1) The CMA may, in relation to a market investigation reference, begin an implementation trial where—

(a) subsection (2) of section 138 applies (see subsection (1) of that section), and

(b) the CMA has not taken, but is minded to take, qualifying remedial action.

(2) The Secretary of State may, in relation to a restricted PI reference or a full PI reference, begin an implementation trial where—

(a) subsection (2) of section 147, or subsection (2) of 147A (as the case may be), applies (see subsection (1) of the section in question), and

(b) the Secretary of State has not taken, but is minded to take, qualifying remedial action.

(3) Subsections (1) and (2) are subject to the duty to publish notices in section 161D.

(4) The relevant authority begins an implementation trial by—

(a) accepting, from such persons as the relevant authority considers appropriate, undertakings under this section to take action specified or described in the undertakings, or

(b) making an order under this section,

for the purposes of assessing, during the implementation trial period, the likely effectiveness of the qualifying remedial action.

(5) Where the relevant authority begins an implementation trial, the relevant authority may also—

(a) accept, from such persons as the relevant authority considers appropriate, undertakings under this section to take action specified or described in the undertakings, or

(b) make an order under this section,

in the circumstances mentioned in subsection (6).

(6) The circumstances are that the relevant authority considers that accepting the undertakings or making the order would be likely to contribute to, or otherwise be of use for purposes of, remedying, mitigating or preventing, during the implementation trial period—

(a) an adverse effect on competition identified in the report concerned or (as the case may be) an effect adverse to the public interest which has resulted from, or may be expected to result from, the features or combinations of features mentioned;

(b) any detrimental effect on customers so far as it has resulted from, or may be expected to result from, any such adverse effect on competition.]

Textual Amendments

F1 Ss. 161B-161E and cross-heading inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 9 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)