PART 2Subsidy control requirements

CHAPTER 2Prohibitions and other requirements

Subsidies or schemes subject to mandatory referral

I1I231Subsidies or schemes subject to mandatory referral

1

A subsidy, or subsidy scheme, in respect of which a public authority must request a report from the CMA under section 52(1), is prohibited if—

a

a mandatory referral request has not been submitted in relation to it,

b

a mandatory referral request has been submitted, but the CMA has given a notice under section 53(1)(b) that the request does not comply with the requirements under section 52,

c

a mandatory referral request has been submitted, the CMA report has not been published but the reporting period has not expired, or

d

a mandatory referral request has been submitted, the CMA report has been published but the cooling off period has not expired.

2

References in subsection (1) to publication of the CMA report are references to the report required under section 53 to be published by the CMA in response to a mandatory referral request.

3

In subsection (1)—

  • “cooling off period” has the meaning given by section 54(2);

  • “mandatory referral request” means a request made under section 52;

  • “reporting period” has the meaning given by section 53(3).