Part 2Competition

Chapter 1 – Anti-trust

• Section 119Removal of requirement for agreements etc to be implemented in the UK

  (1) In Chapter 1 of Part 1 of CA 1998 (agreements), section 2 (agreements etc preventing, restricting or distorting competition) is amended as follows. (2) For subsection (1)…

• Section 120Repeal of exclusions relating to the European Coal and Steel Community

  (1) Part 1 of CA 1998 (competition) is amended as follows. (2) In Schedule 3 (planning obligations and general exclusions) omit paragraph 8 (coal and steel). (3) In…

• Section 121Duty to preserve documents relevant to investigations

  (1) Chapter 3 of Part 1 of CA 1998 (competition: investigation and enforcement) is amended as follows. (2) After section 25A insert— “ 25B Duty to preserve documents…

• Section 122Production of information authorised by warrant

  (1) Section 28 of CA 1998 (power to enter business premises under a warrant) is amended as follows. (2) In subsection (1)— (a) in paragraph (a), in the…

• Section 123Additional powers of seizure from domestic premises

  (1) Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure) is amended as follows. (2) In section 50 (additional powers of seizure from premises),…

• Section 124Standard of review on appeals against interim measures directions

  (1) In section 46 of CA 1998 (appealable decisions), in subsection (3)— (a) after paragraph (h) insert— “(ha) to make directions under section 35, (hb) not to make…

• Section 125Declaratory relief

  Schedule 3 makes provision allowing the Competition Appeal Tribunal to grant declaratory relief.

• Section 126Exemplary damages

  (1) In section 47C of CA 1998 (collective proceedings: damages and costs), before subsection (2) insert— “(1) The Tribunal may not award exemplary damages in collective proceedings.” (2)…

Chapter 2 – Mergers

• Section 127Relevant merger situations and special merger situations

  Schedule 4 makes provision amending the thresholds in Part 3 of EA 2002 (mergers) for the creation of relevant merger situations and special merger situations.

• Section 128Fast-track references under sections 22 and 33 of EA 2002

  Schedule 5 makes provision amending Part 3 of EA 2002 (mergers) to include provision about the making of fast-track references under section 22 or 33 of that Act.

• Section 129Mergers of energy network enterprises

  Schedule 6 makes provision amending Part 3 of EA 2002 (mergers) and Schedule 16 to the Energy Act 2023 (mergers of energy network enterprises) in relation to mergers…

• Section 130Mergers involving newspaper enterprises and foreign powers

  (1) Schedule 7 makes provision for the purposes of preventing foreign powers from gaining control or influence over newspaper enterprises. (2) The amendments made by that Schedule— (a)…

• Section 131Mutual agreements to extend time-limits: duty to make reference cases

  (1) Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows. (2) In section 39 (time-limits for investigations and reports)— (a)…

• Section 132Mutual agreements to extend time-limits: public interest cases

  (1) Chapter 2 of Part 3 of EA 2002 (mergers: public interest cases) is amended as follows. (2) In section 51 (time-limits for investigations and reports by CMA)—…

• Section 133Publication of merger notices online

  In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary), in section 96(5) (merger notices), for “in the London, Edinburgh and Belfast Gazettes” substitute “online”.

Chapter 3 – Markets

• Section 134Market studies: removal of time-limit on pre-reference consultation

  (1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows. (2) In section 131B (market studies and the making…

• Section 135Power to make a reference after previously deciding not to do so

  (1) Section 131B of EA 2002 (market studies and the making of decisions to refer: time limits) is amended as follows. (2) In the heading, after “time-limits” insert…

• Section 136Scope of market investigations

  (1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows. (2) In section 133 (contents of market investigation references)—…

• Section 137Acceptance of undertakings at any stage of a market study or investigation

  Schedule 8 makes provision allowing the CMA to accept undertakings under Part 4 of EA 2002 (market studies and market investigations) at any stage during a market study…

• Section 138Final undertakings and orders: power to conduct trials

  (1) Schedule 9 makes provision amending Part 4 of EA 2002 allowing the CMA or the Secretary of State to conduct trials to assess the likely effectiveness of…

• Section 139Duty of CMA to monitor undertakings and orders

  (1) Chapter 3 of Part 4 of EA 2002 (market studies and market investigations: enforcement) is amended as follows. (2) In section 161 (final orders: Part 4 ),…

• Section 140Taking action in relation to regulated markets

  (1) In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary), section 168 (regulated markets) is amended as follows. (2) In subsection (3)…

Chapter 4 – Cartels

• Section 141Production of information authorised by warrant

  (1) Section 194 of EA 2002 (power to enter premises under a warrant) is amended as follows. (2) In subsection (1), in paragraph (a), after “there are on”…

Chapter 5 – Miscellaneous

• Section 142Attendance of witnesses etc

  (1) Section 26A of CA 1998 (investigations: power to ask questions) is amended as follows. (2) In subsection (1)— (a) in the words before paragraph (a) omit “who…

• Section 143Civil penalties etc in connection with competition matters

  (1) Schedule 10 makes provision for, and in connection with, the imposition of civil penalties in relation to investigations under— (a) Part 1 of CA 1998 (competition); (b)…

• Section 144Service and extra-territoriality of notices under CA 1998 and EA 2002

  Schedule 13 makes provision about— (a) the service of documents under Chapter 3 of Part 1 of CA 1998 (investigation and enforcement) and Parts 3 (mergers) and 4…

• Section 145Orders and regulations under CA 1998 and EA 2002

  Schedule 14 makes provision about the making of orders and regulations under— (a) CA 1998 , and (b) Parts 3 (mergers) and 4 (market studies and market investigations)…

• Section 146Meaning of “working day” in Parts 3 and 4 of EA 2002

  (1) Part 3 of EA 2002 (mergers) is amended as follows. (2) In Chapter 1 (duty to make references)— (a) in section 25 (extension of time limits)— (i)…