Skip to main content
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 2 of 2

109B. Extra-territorial application of notices under section 109

(1) This section applies to the exercise of the CMA's power to give a person a notice under section 109(2) or (3).

(2) The power is exercisable so as to -

(a) give the notice to a person who is outside the United Kingdom (subject to subsection (3));

(b) require the production of documents, or the supply of information, held outside the United Kingdom.

(3) The CMA's power to give a notice under section 109(2) or (3) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if -

(a) the person is, or was, part of, or involved with or carrying on, an enterprise which has or may have ceased, or may cease, to be a distinct enterprise in circumstances where a reference has been, or may be, made under section 22, 33, 45, 62, 62B or 68C, or a foreign state intervention notice has been given under section 70A(1), in relation to the enterprise, or

(b) the person has a UK connection.

(4) For the purposes of subsection (3)(b), a person has a UK connection if the person -

(a) is a United Kingdom national;