371 OFCOM's functions under the Competition Act 1998

371  OFCOM's functions under the Competition Act 1998

(1)     The functions to which subsection (2) applies shall be concurrent functions of OFCOM and the [CMA].

[(2)     This subsection applies to the functions of the [CMA] under the provisions of Part 1 of the Competition Act 1998 (other than sections 31D(1) to (6)[, 35C], 38(1) to (6)[, 40B(1) to (4)] and 51), so far as relating to—

(a)     agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, [or]

(b)     conduct of the kind mentioned in section 18(1) of that Act, [or]

[(c)     transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),]

which relate to activities connected with communications matters.]

(3)     So far as necessary for the purposes of, or in connection with, the provisions of subsections (1) and (2), references to the [CMA] in Part 1 of the Competition Act 1998 [(including references in provisions of the Enterprise Act 2002 applied by that Part)] are to be read as including references to OFCOM, except—

(a)

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