Enterprise and Regulatory Reform Act 2013

This section has no associated Explanatory Notes

8(1)Section 156 (effect of undertakings under section 154) is amended as follows.

(2)Before subsection (1) insert—

(A1)No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if—

(a)the CMA has accepted an undertaking or group of undertakings under section 154 within the previous 12 months;

(b)the feature or combination of features to which the undertaking or group of undertakings relates is the same as the feature or combination of features to which the reference would relate; and

(c)the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.

(3)In subsection (1)—

(a)in the words before paragraph (a), for “market investigation” substitute “ordinary”,

(b)in paragraph (a), after “has” insert “, instead of making an ordinary reference,”, and

(c)in paragraph (b), for “the feature, or combination of features, relates” substitute “the reference would relate”.

(4)In subsection (2), for “Subsection (1) does” substitute “Subsections (A1) and (1) do”.