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Change 1
As published
25 Power of CMA to investigate
(1) In any of the following cases, the CMA may conduct an investigation.
(2) The first case is where there are reasonable grounds for suspecting that there is an agreement which—
(a) may affect trade within the United Kingdom; and
(b) has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The fifth case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—
(a) may have affected trade within the United Kingdom; and
(b) had as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Subsection (2) does not permit an investigation to be conducted in relation to an agreement if the CMA —
(a) considers that the agreement is exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption; and
(b) does not have reasonable grounds for suspecting that the circumstances may be such that it could exercise its power to cancel the exemption.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Subsection (6) does not permit an investigation to be conducted in relation to any agreement if the CMA considers that, at the time in question, the agreement was exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) It is immaterial for the purposes of subsection (6) ... whether the agreement in question remains in existence.
Your change, as a redline
25 Power of CMA to investigate
(1) In any of the following cases, the CMA may conduct an investigation.
(2) The first case is where there are reasonable grounds for suspecting that there is an agreement which—
(a) may affect trade within the United Kingdom; and
(b) has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The fifth case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—
(a) may have affected trade within the United Kingdom; and
(b) had as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Subsection (2) does not permit an investigation to be conducted in relation to an agreement if the CMA —
(a) considers that the agreement is exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption; and
(b) does not have reasonable grounds for suspecting that the circumstances may be such that it could exercise its power to cancel the exemption.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Subsection (6) does not permit an investigation to be conducted in relation to any agreement if the CMA considers that, at the time in question, the agreement was exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) It is immaterial for the purposes of subsection (6) ... whether the agreement in question remains in existence.
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