35 Public interest interventions in markets investigations
Enterprise and Regulatory Reform Act 2013 (2013 c 24) | Legislation

Public interest interventions

35  Public interest interventions in markets investigations

(1)     Part 4 of the 2002 Act (market investigations) is amended as follows.

(2)     Section 139 (power of Secretary of State to give public interest intervention notices) is amended as follows.

(3)     For subsection (1) substitute—

“(A1)     This section applies where—

(a)     the CMA has published a market study notice in relation to a matter; or

(b)     the CMA has begun the process of consultation under section 169 in respect of a decision of the kind mentioned in subsection (6)(a)(i) of that section.

(1)     The Secretary of State may, within the permitted period, give a notice to the CMA if the Secretary of State believes that it is or may be the case that one or more than one public interest consideration is relevant to the matter.

(1A)     For the purposes of subsection (1), the permitted period, in a case to which this section applies by virtue of paragraph (a) of subsection (A1), is the period beginning with the publication of the market study notice and ending with—

(a)     the acceptance by the CMA of an undertaking under section 154 instead of the making of a reference under

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