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Chapter 1 Overview (s. 1) |
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1 Overview |
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Chapter 2 Strategic Market Status (ss. 2-18) |
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Power to designate undertaking as having SMS (ss. 2-8) |
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2 Designation of undertaking |
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3 Digital activities |
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4 Link to the United Kingdom |
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5 Substantial and entrenched market power |
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6 Position of strategic significance |
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7 The turnover condition |
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8 Turnover of an undertaking |
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Procedure (ss. 9-18) |
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9 Initial SMS investigations |
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10 Further SMS investigations |
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11 Procedure relating to SMS investigations |
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12 Closing an initial SMS investigation without a decision |
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13 Consultation on proposed decision |
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14 Outcome of SMS investigations |
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15 Notice requirements: decisions about whether to designate |
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16 Notice requirements: decisions to revoke a designation |
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17 Existing obligations |
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18 Designation period |
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Chapter 3 Conduct Requirements (ss. 19-45) |
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Imposition of conduct requirements (ss. 19-25) |
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19 Power to impose conduct requirements |
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20 Permitted types of conduct requirement |
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21 Content of notice imposing a conduct requirement |
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22 Revocation of conduct requirements |
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23 Transitional provision relating to conduct requirements etc |
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24 Consultation in relation to a conduct requirement |
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25 Duty to keep conduct requirements under review |
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Enforcement of conduct requirements (ss. 26-35) |
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26 Power to begin a conduct investigation |
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27 Consideration of representations |
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28 Closing a conduct investigation without making a finding |
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29 Countervailing benefits exemption |
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30 Notice of findings |
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31 Enforcement orders |
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32 Interim enforcement orders |
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33 Duration of enforcement orders |
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34 Revocation of enforcement orders |
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35 Duty to keep enforcement orders under review |
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Commitments relating to conduct requirements (ss. 36-37) |
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36 Commitments |
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37 Duty to keep commitments under review |
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Final offer mechanism (ss. 38-45) |
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38 Power to adopt final offer mechanism |
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39 Collective submissions |
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40 Final offer mechanism |
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41 Final offers: outcome |
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42 Final offer orders: supplementary |
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43 Decision not to make final offer order |
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44 Duration and revocation of final offer orders |
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45 Duty to keep final offer orders under review |
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Chapter 4 Pro-Competition Interventions (ss. 46-56) |
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46 Power to make pro-competition interventions |
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47 Power to begin a PCI investigation etc |
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48 Procedure relating to PCI investigations |
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49 Consultation on proposed PCI decision |
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50 PCI decision |
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51 Pro-competition orders |
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52 Replacement of pro-competition orders |
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53 Duration and revocation etc of pro-competition orders |
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54 Consultation |
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55 Duty to review pro-competition orders etc |
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56 Commitments |
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Chapter 5 Mergers (ss. 57-68) |
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57 Duty to report possible mergers etc |
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58 Qualifying status |
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59 Value of consideration |
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60 Content of report etc |
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61 Application of the duty to report etc |
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62 Acceptance of report |
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63 Delay to possible mergers etc |
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64 Timing of a reportable event |
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65 Authorisation for one person to act for another |
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66 Applications for review of decisions relating to mergers |
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67 Regulations about duty to report |
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68 Duty to keep compliance under review |
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Chapter 6 Investigatory Powers etc and Compliance Reports (ss. 69-84) |
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Investigatory powers etc (ss. 69-82) |
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69 Power to require information |
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70 Requirement to name a senior manager |
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71 Power of access |
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72 Power to interview |
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73 Use of interview statements in prosecution |
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74 Power to enter business premises without a warrant |
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75 Power to enter premises under a warrant |
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76 Power to enter premises under a warrant: supplementary |
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77 Amendments to the Criminal Justice and Police Act 2001 |
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78 Application for a warrant |
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79 Reports by skilled persons |
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80 Duty to preserve information |
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81 Privileged communications |
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82 Power of CMA to publish notice of investigative assistance |
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Compliance reports etc (ss. 83-84) |
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83 Nominated officer |
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84 Compliance reports |
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Chapter 7 Enforcement and Appeals (ss. 85-103) |
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Civil penalties (ss. 85-92) |
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85 Penalties for failure to comply with competition requirements |
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86 Amount of penalties under section 85 |
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87 Penalties for failure to comply with investigative requirements |
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88 Amount of penalties under section 87 |
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89 Procedure and appeals etc |
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90 Calculation of daily rates and turnover |
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91 Statement of policy on penalties |
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92 Monetary penalties: criminal proceedings and convictions |
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Offences (ss. 93-98) |
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93 Destroying or falsifying information |
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94 False or misleading information |
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95 Obstructing an officer |
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96 Offences by officers of a body corporate etc |
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97 Offences: limits on extra-territorial jurisdiction |
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98 Sentences |
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Further enforcement provisions etc (ss. 99-102) |
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99 Director disqualification |
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100 Enforcement of requirements |
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101 Rights to enforce requirements of this Part |
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102 Treatment of CMA breach decisions etc |
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Applications for review (s. 103) |
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103 Applications for review etc |
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Chapter 8 Administration ETC (ss. 104-118) |
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Administration (ss. 104-106) |
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104 Extension etc of periods |
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105 Extensions: supplementary |
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106 Exercise and delegation of functions |
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Regulatory coordination and information sharing (ss. 107-109) |
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107 Coordination with relevant regulators |
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108 Recommendations to the CMA |
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109 Information sharing |
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Miscellaneous (ss. 110-116) |
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110 Power to charge levy |
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111 Extra-territorial application |
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112 Defamation |
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113 Consultation and publication of documents |
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114 Guidance |
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115 Protected disclosures |
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116 Restriction on disclosure orders |
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Interpretation (ss. 117-118) |
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117 Groups |
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118 General interpretation |
