Part 4Market Studies and Market Investigations

Chapter 4Supplementary

Investigation powers

F1174CSection 174B: supplementary provision

(1)

For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if—

(a)

the CMA publishes the market study report under section 131B(4) or (as the case may be) gives it to the Secretary of State under section 140A(3)(b); or

(b)

the period permitted for the preparation by the CMA of the market study report and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3)(b) expires and no such report has been so prepared or no such action has been taken.

(2)

For the purpose of section 174B(3), the time when the CMA finally concludes the carrying out of its section 5 functions is—

(a)

in a case falling within subsection (1)(a), the publication of the report or (as the case may be) the giving of it to the Secretary of State;

(b)

in a case falling within subsection (1)(b), the expiry of the period concerned.

(3)

For the purpose of section 174B(6), the CMA finally decides whether to make a reference under section 131 if—

(a)

the CMA makes such a reference;

(b)

the CMA accepts an undertaking F2fully in lieu of a reference under section 154A;

(c)

the CMA publishes notice that it has otherwise decided not to make such a reference; or

(d)

the period permitted for the preparation by the CMA of a market study report in relation to the matter and for the report to be published under section 131B(4) has expired and no such report has been so prepared or published.

(4)

For the purpose of section 174B(6), the time when the CMA finally decides whether to make a reference under section 131 is—

(a)

in a case falling within subsection (3)(a), the making of the reference;

(b)

in a case falling within subsection (3)(b), the acceptance of the undertaking concerned;

(c)

in a case falling within subsection (3)(c), the publication of the notice concerned;

(d)

in a case falling within subsection (3)(d), the expiry of the period concerned.

(5)

In subsection (4)(b) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section F3154A, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (3)(b) and (4)(b).