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Enterprise and Regulatory Reform Act 2013

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10After section 143 insert—

“143AFull PI references: publication etc of reports of CMA

(1)This section applies in relation to a report prepared under section 142 in respect of a full PI reference.

(2)The CMA shall publish the report if it contains—

(a)the decision of the CMA that there is no adverse effect on competition;

(b)the decision of the CMA that there is an adverse effect on competition but that the feature or combination of features which gave rise to it does not operate and may not be expected to operate against the public interest; or

(c)the decisions of the CMA that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest but, on the question mentioned in section 141A(5)(a), and in relation to each effect adverse to the public interest concerned, that no action should be taken by the Secretary of State.

(3)The CMA shall give the report to the Secretary of State if it contains the decisions of the CMA—

(a)that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest; and

(b)in relation to at least one effect adverse to the public interest concerned, that action should be taken by the Secretary of State.

(4)The Secretary of State shall publish, no later than publication of the Secretary of State’s decision under section 146A(2) in relation to the case, a report of the CMA given to the Secretary of State under subsection (3) and not required to be published by virtue of section 148A(3).”

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