Legislation – Digital Markets, Competition and Consumers Act 2024

“(6)

For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is—

(a)

concerned in the management or control of the undertaking, or

(b)

employed by, or otherwise working for, the undertaking.”

(5)

In section 109(1) of EA 2002 (attendance of witnesses and production of documents etc: Part 3), in paragraph (a) for “place” substitute “at a place, or in a manner (which may be remote),”.

(6)

In section 174(3) of EA 2002 (attendance of witnesses and production of documents etc: Part 4), in paragraph (a) for “place” substitute “at a place, or in a manner (which may be remote),”.

143Civil penalties etc in connection with competition matters

(1)

Schedule 10 makes provision for, and in connection with, the imposition of civil penalties in relation to investigations under—

(a)

Part 1 of CA 1998 (competition);

(b)

Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002.

(2)

Schedule 11 makes provision for, and in connection with, the imposition of civil penalties in relation to breaches of—

(a)

commitments and directions under Part 1 of CA 1998;

(b)

undertakings and orders under Parts 3 and 4 of EA 2002.

(3)

Schedule 12 makes provision providing that certain functions being conferred on the CMA by Schedules 10 and 11 are not exercisable concurrently by sectoral regulators.

144Service and extra-territoriality of notices under CA 1998 and EA 2002

Schedule 13 makes provision about—

(a)

the service of documents under Chapter 3 of Part 1 of CA 1998 (investigation and enforcement) and Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002;

(b)

the extra-territorial application of notices under sections 26 and 40ZD of CA 1998 and sections 109(2) and (3) and 174(4) and (5) of EA 2002.

145Orders and regulations under CA 1998 and EA 2002

Schedule 14 makes provision about the making of orders and regulations under—

(a)

CA 1998, and

(b)

Parts 3 (mergers) and 4 (market studies and market investigations) of EA 2002.

146Meaning of “working day” in Parts 3 and 4 of EA 2002

(1)

Part 3 of EA 2002 (mergers) is amended as follows.

(2)

In Chapter 1 (duty to make references)—

(a)

in section 25 (extension of time limits)—

(i)

in subsection (1), after “20” insert “working”;

(ii)

in subsection (5), in paragraph (b), after “10” insert “working”;

(b)

omit section 32 (supplementary provision for the purposes of section 25);

(c)

in section 34ZA(3) (time limits for decisions about references) omit the definition of “working day”;

(d)

in section 34ZB (extension of time limits) omit subsection (9);

(e)

in section 34ZC (sections 34ZA and 34ZB: supplementary) omit subsection (9).

(3)

In Chapter 2 (public interest cases)—

(a)

in section 54 (decision of Secretary of State in public interest cases)—

(i)

in subsection (5), after “30” insert “working”;

(ii)

omit subsection (8);

(b)

in section 56 (competition cases where intervention on public interest grounds ceases)—

(i)

in subsection (4), in paragraph (b), after “20” insert “working”;

(ii)

omit subsection (5).

(4)

In Chapter 4 (enforcement), in section 73A (time limits for consideration of undertakings) omit subsection (12).

(5)

In Chapter 5 (supplementary)—

(a)

in section 129(1) (other interpretative provisions), at the appropriate place insert—

““working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”;

(b)

in section 130 (index of defined expressions), at the appropriate place insert—

“Working day

Section 129(1)”.

(6)

In Part 4 of EA 2002 (market studies and market investigations), in section 151 (public interest intervention cases: interaction with general procedure)—

(a)

in subsection (3), after “20” insert “working”;

(b)

in subsection (5), after “20” insert “working”;

(c)

omit subsection (6);

(d)

at the end insert—

“(7)

In this section, “working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”

(7)

In regulation 2(1) of the Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I. 2003/1369), for the definition of “working day” substitute—

““working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”