http://www.legislation.gov.uk/ukpga/2013/24/schedule/9Enterprise and Regulatory Reform Act 2013An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.texttext/xmlenStatute Law Database2025-08-19Expert Participation2025-08-20 SCHEDULESSCHEDULE 9Markets: cross-market references Section 34(4)1Part 4 of the 2002 Act (market investigations) is amended as follows.21Section 133 (contents of references) is amended as follows.2In subsection (1)—aomit the “and” following paragraph (b),bin paragraph (c), at the beginning insert “ in the case of an ordinary reference, ”, andcafter paragraph (c) insert; and din the case of a cross-market reference, the feature or features concerned and the descriptions of goods or services to which it or they relate.3In subsection (2)—ain paragraph (a), after “a supply” insert “ or, in the case of a cross-market reference, supplies ”, andbin paragraph (b), after “an acquisition” insert “ or, in the case of a cross-market reference, acquisitions ”.31Section 134 (questions to be decided on market investigation references) is amended as follows.2In subsection (1), for “a market investigation” substitute “ an ordinary ”.3After subsection (1) insert—1AThe CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, 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.4In subsection (2), for “a market investigation” substitute “ an ordinary ”.5After subsection (2) insert—2AFor the purposes of this Part, in relation to a cross-market reference, there is an adverse effect on competition if a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, 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.6In subsection (5)(a), after “the market” insert “ or markets ”.7In subsection (7), after “the market” insert “ or markets ”.8In subsection (8)(a)(i), after “the market” insert “ or markets ”.4In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.51Section 141 (questions to be decided where intervention notice under section 139(1) is in force) is amended as follows.2In subsection (2), after “shall” insert “ , on an ordinary reference, ”.3After subsection (2) insert—2AThe CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, 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.4In subsection (6), after “the market” insert “ or markets ”.6In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.7In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.81Section 156 (effect of undertakings under section 154) is amended as follows.2Before subsection (1) insert—A1No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—athe CMA has accepted an undertaking or group of undertakings under section 154 within the previous 12 months;bthe feature or combination of features to which the undertaking or group of undertakings relates is the same as the feature or combination of features to which the reference would relate; andcthe goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.3In subsection (1)—ain the words before paragraph (a), for “market investigation” substitute “ ordinary ”,bin paragraph (a), after “has” insert “ , instead of making an ordinary reference, ”, andcin paragraph (b), for “the feature, or combination of features, relates” substitute “ the reference would relate ”.4In subsection (2), for “Subsection (1) does” substitute “ Subsections (A1) and (1) do ”.91Section 184 (index of defined expressions for Part 4) is amended as follows.2In the second column of the entry for “Adverse effect on competition”, after “134(2)” insert “ and (2A) ”.3After the entry in the table for “Consumer” insert—
Cross-market referenceSection 131(6)
.4Before the entry in the table for “Public interest consideration” insert—
Ordinary referenceSection 131(6)
.Sch. 9 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)Sch. 9 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)