An order may empower the F53CMA to give directions to the effect that in prescribed circumstances an exclusion, exemption or modification is not to apply (or is to apply in a particular way) in relation to an individual agreement.

Subsections (2) and (3) are not to be read as limiting the powers conferred by section 71.

In this section—

• “land agreement” and “vertical agreement” have such meaning as may be prescribed; and

• “prescribed” means prescribed by an order.

The F54CMA may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as F1it considers appropriate.

Schedule 9 makes further provision about rules made under this section but is not to be taken as restricting the F55CMA powers under this section.

If the F56CMA is preparing rules under this section F2it must consult such persons as he considers appropriate.

If the proposed rules relate to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

No rule made by the F57CMA is to come into operation until it has been approved by an order made by the Secretary of State.

If the Secretary of State proposes to approve a rule subject to modifications he must inform the F57CMA of the proposed modifications and take into account any comments made by the F57CMA .

Subsections (5) to (7) apply also to any alteration of the rules made by the F57CMA .

The Secretary of State may, after consulting the F57CMA , by order vary or revoke any rules made under this section.

If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the F57CMA to exercise F3its powers under this section and make rules about that matter.

The F60CMA may at any time publish revised, or new, advice or information.

Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the F60CMA may take into account in considering whether, and if so how, to exercise a power conferred on F4it by Chapter I, II or III.

Any advice or information published by the F60CMA under this section is to be published in such form and in such manner as F5it considers appropriate.

If the F60CMA is preparing any advice or information under this section F6it must consult such persons as he considers appropriate.

If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.

The F7OFT may charge fees, of specified amounts, in connection with the exercise by F7it of specified functions under this Part.

In this Part “regulator” means F8—

Parts II and III of Schedule 10 provide for functions of the F64CMA under this Part to be exercisable concurrently by regulators.

Parts IV and V of Schedule 10 make minor and consequential amendments in connection with the regulators’ competition functions.

The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under this Part (“Part I functions”) which are exercisable concurrently by two or more competent persons as a result of F25any enactment (including any subordinate legislation) whenever passed or made.

The Secretary of State may by regulations make provision requiring arrangements to be made for the sharing of information between competent persons in connection with concurrent cases.

“Competent person” means the F66CMA or any of the regulators.

In this section—

• F27“ F69a CMA's finding” means a finding of fact made by the F70CMA in the course of conducting an investigation;

• F28“Part 1 proceedings” means proceedings brought otherwise than by the F70CMA —

  1. za

     F82in respect of an infringement decision;

  2. a

     in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; or

  3. b

     in respect of an alleged infringement of the prohibitions inF42Article 101(1) or Article 102;

• “relevant party” means—

  1. a

     in relation to the Chapter I prohibition F29or the prohibition inF42Article 101(1), a party to the agreement which F83has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and

  2. b

     in relation to the Chapter II prohibition F30or the prohibition in F42Article 102, the undertaking whose conduct F83has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).

Rules of court F84or Tribunal rules may make provision in respect of assistance to be given by the F71CMA to the court F85or the Tribunal in Part I proceedings.

The court or the Tribunal is bound by the infringement decision once it has become final.

This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question.

In this Part—

• F32"agreement" is to be read with section 2(5) and (6);

• F13...

• F43“Article 101(1)” means Article 101(1) of the Treaty;

• F43“Article 101(3)” means Article 101(3) of the Treaty;

• F43“Article 102” means Article 102 of the Treaty;

• “block exemption” has the meaning given in section 6(4);

• “block exemption order” has the meaning given in section 6(2);

• “the Chapter I prohibition” has the meaning given in section 2(8);

• “the Chapter II prohibition” has the meaning given in section 18(4);

• F88“class member” has the meaning given in section 47B(8)(a);

• F72“the CMA” means the Competition and Markets Authority;

• F88“collective proceedings” has the meaning given in section 47B(1);

• F88“collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;

• “the Commission” F75... means the European Commission;

• “the Council” means the Council of the European Union;

• “the court”, except in sections F8949E, 58F19, 58A and 60 F93and Schedule 8A and the expression “European Court”, means—

  1. a

     in England and Wales, the High Court;

  2. b

     in Scotland, the Court of Session; and

  3. c

     in Northern Ireland, the High Court;

• F15...

• “document” includes information recorded in any form;

• “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;

• “the European Court” means the Court of Justice of the European Communities and includes the F43General Court;

• F33“the EC Competition Regulation” means Council Regulation (EC) No. 1/2003 of 16th December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty;

• F34“individual exemption” has the meaning given in section 4(2);

• “information” includes estimates and forecasts;

• F88“infringement decision”, except in section 49C, has the meaning given in section 47A(6);

• F88“injunction” includes an interim injunction;

• “investigating officer” has the meaning given in section 27(1);

• F35“investigation” means an investigation under section 25;

• “Minister of the Crown” has the same meaning as in the Ministers of the M1Crown Act 1975;

• F21“OFCOM” means the Office of Communications;

• “officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;

• F88“opt-in collective proceedings” has the meaning given in section 47B(10);

• F88“opt-out collective proceedings” has the meaning given in section 47B(11);

• F73...

• “parallel exemption” has the meaning given in section 10(3);

• “person”, in addition to the meaning given by the M2Interpretation Act 1978, includes any undertaking;

• F36“premises” includes any land or means of transport;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “regulator” has the meaning given by section 54;

• F88“representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;

• F88“represented person” means a class member who—

  1. (a)

     has opted in to opt-in collective proceedings,

  2. (b)

     was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or

  3. (c)

     has opted in to opt-out collective proceedings;

• “section 11 exemption” has the meaning given in section 11(3); and

• F43"the Treaty” means the Treaty on the Functioning of the European Union;

• F14“ the Tribunal” means the Competition Appeal Tribunal;

• “Tribunal rules” means rules under section 15 of the Enterprise Act 2002.

• F37“working day” means a day which is not—

  1. a

     Saturday,

  2. b

     Sunday,

  3. c

     Christmas Day,

  4. d

     Good Friday, or

  5. e

     a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.

In this Part, in respect of proceedings in Scotland, F94“claimant” is to be read as “pursuer” and “defendant” is to be read as “defender”.

Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.

The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.

Any power conferred on the F74CMA by this Part to require information includes power to require any document which F16it believes may contain that information.

The purpose of this section is to ensure that so far as is possible (having regard to any relevant differences between the provisions concerned), questions arising under this Part in relation to competition within the United Kingdom are dealt with in a manner which is consistent with the treatment of corresponding questions arising in F39EU law in relation to competition within F40the European Union.

The court must, in addition, have regard to any relevant decision or statement of the Commission.

In subsections (2) and (3), “court” means any court or tribunal.