29 Investigation powers: mergers

Part 4 Competition Reform

Chapter 1
Mergers

Investigation powers

29  Investigation powers: mergers

(1)     Section 109 of the Enterprise Act 2002 (“the 2002 Act”) (investigation powers in connection with attendance of witnesses etc) is amended as follows.

(2)     Before subsection (1) insert—

“(A1)     For the purposes of this section, the permitted purposes are the following—

(a)     assisting the CMA in carrying out any functions, including enforcement functions, exercisable by it under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 22 or 33;

(b)     assisting the CMA or the Secretary of State in carrying out any functions, including enforcement functions, of the CMA or (as the case may be) the Secretary of State under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 45 or 62.”

(3)     In subsection (1), for the words from the beginning to “under this Part,” substitute “The CMA may, for a permitted purpose,”.

(4)     In subsection (2), for the words from the beginning to “under this Part,” substitute

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