Part 5Miscellaneous

Chapter 1 – Competition in connection with motor fuel

• Section 311Provision of information about competition in connection with motor fuel

  (1) The CMA may require an undertaking involved in, or connected with, the distribution, supply or retail of motor fuel (“U”) to give specified information to it where…

• Section 312Penalties for failure to comply with notices under section 311

  (1) The CMA may impose a penalty on an undertaking where it considers that the undertaking has, without reasonable excuse— (a) failed to comply with an information notice…

• Section 313Procedure and appeals

  (1) Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), section 114 (appeals) and 115 (recovery of penalties) of EA 2002 apply in relation to…

• Section 314Statement of policy on penalties

  (1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under section 312 . (2) The…

• Section 315Offences etc

  Destroying or falsifying information (1) A person (“P”) commits an offence if, having been required to give information to the CMA under section 311 , P— (a) intentionally…

• Section 316Penalties under section 312 and offences under section 315

  (1) The CMA may not impose a penalty on a person under section 312 in relation to an act or omission which constitutes an offence under section 315…

• Section 317Information sharing

  In Schedule 14 to EA 2002 (provisions about disclosure of information) at the appropriate place insert— “ Chapter 1 of Part 5 of the Digital Markets, Competition and…

• Section 318Expiry of this Chapter

  (1) This Chapter, apart from subsection (5) of this section and section 317 , expires at the end of the relevant period. (2) The “relevant period” means the…

Chapter 2 – Provision of investigative assistance to overseas regulators

• Section 319Provision of investigative assistance to overseas regulators

  (1) A relevant regulator (“R”) may assist an overseas regulator (“O”) in accordance with the table in subsection (2) where— (a) O makes a request to R (see…

• Section 320Requests for investigative assistance

  (1) Subsection (2) makes provision about requests from O for the purposes of section 319(1) (a). (2) A request from O to R for R to assist O…

• Section 321The appropriateness of providing investigative assistance

  (1) This subsection makes provision about how R is to consider whether it would be appropriate to assist O for the purposes of section 319(1) (b). (2) In…

• Section 322Authorisation of the provision of investigative assistance

  (1) This section makes provision about how the Secretary of State authorises R to assist O for the purposes of section 319(1) (c). (2) The Secretary of State…

• Section 323Notifications in respect of requests for investigative assistance

  (1) R must notify the Secretary of State that R has received a request for assistance from O where— (a) R considers that it would be appropriate for…

• Section 324Guidance in connection with investigative assistance

  (1) The CMA must prepare and publish guidance about— (a) the making and consideration of requests for assistance under this Chapter, and (b) the provision of assistance under…

• Section 325Amendments to other legislation

  Schedule 28 makes amendments to other legislation in connection with the provision made by this Chapter.

Chapter 3 – Miscellaneous

• Section 326Disclosing information overseas

  (1) Part 9 of EA 2002 (information) is amended as follows. (2) For section 243 (overseas disclosures) substitute— “ 243A Overseas disclosures for both overseas and domestic purposes…

• Section 327Duty of expedition on the CMA and sectoral regulators

  (1) In section 25 of ERRA 2013 (the Competition and Markets Authority), after subsection (4) insert— “(5) In making any decision, or otherwise taking action, for the purposes…

• Section 328Offenders assisting investigations and prosecutions: powers of the CMA

  (1) In Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (offenders assisting investigations and prosecutions), section 71 (assistance by offender: immunity from…

• Section 329Removal of limit on the tenure of a chair of the Competition Appeal Tribunal

  In Schedule 2 to EA 2002 (the Competition Appeal Tribunal), in paragraph 2 (tenure etc) omit sub-paragraph (2).