(1) The functions to which this subsection applies are to be concurrent functions of the Payment Systems Regulator and the Competition and Markets Authority ("the CMA").
(2) Subsection (1) applies to the functions of the CMA under the provisions of Part 1 of the Competition Act 1998, so far as relating to any of the following that relate to participation in payment systems -
(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act,
(b) conduct of the kind mentioned in section 18(1) of that Act, and
(c) transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).
(3) But subsection (1) does not apply to functions under the following sections of that Act -
section 31D(1) to (6) (duty to publish guidance);
section 35C (statement of policy in relation to functions under sections 31E, 34 and 35A);
section 38(1) to (6) (duty to publish guidance about penalties);
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