Digital Markets, Competition and Consumers Act 2024

Schedule 13 Service and extra-territoriality of notices under CA 1998 and EA 2002

Section 144 Service of documents etc 1 In Part 3 of EA 2002 (mergers), in Chapter 5 (supplementary), for section 126 (service of documents) substitute— Service of documents by the CMA, OFCOM or the Secretary of State 126 (1) This section applies in relation to any document required or authorised under this Part to be served on a person by the CMA, OFCOM or the Secretary of State. (2) The document may be served by— (a) delivering it to the person, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sending it to the person by email to their email address. (3) A document may be served on a body corporate by giving it to any officer of that body. (4) A document may be served on a partnership by giving it to any partner or a person who has the control or management of the partnership business. (5) A document may be served on an unincorporated body or association (other than a partnership) by giving it to any member of the governing body of the association. (6) A person’s proper address is— (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of documents, that address; (b) in any other case, the address determined in accordance with subsection (7). (7) A person’s “proper address” is (if subsection (6)(a) does not apply)— (a) in the case of a body corporate, its registered or principal office; (b) in the case of a partnership, the principal office of the partnership; (c) in the case of an unincorporated body or association, the principal office of the body or association; (d) in a case where none of paragraphs (a) to (c) apply, any address at which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of the person. (8) A person’s email address is— (a) any email address published for the time being by that person as an address for contacting that person, or (b) if there is no such published address, any email address by means of which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of that person. (9) In the case of— (a) a body corporate registered outside the United Kingdom, (b) a partnership carrying on business outside the United Kingdom, or (c) any other body with offices outside the United Kingdom, references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities. (10) In this section “officer”, in relation to any body corporate, means a director, manager, secretary or other similar officer of the body. (11) This section does not limit any other lawful means of serving a document on a person. 2 In Part 1 of CA 1998, in Chapter 3 (investigation and enforcement), after section 44 insert— Supplementary Giving of notices under Chapter 3 44A Section 126 of the Enterprise Act 2002 (service of documents) applies to the giving of notices under this Chapter as it applies to the service of documents under Part 3 of that Act. 3 In section 61(4) of the Financial Services (Banking Reform) Act 2013 (functions of the Payment Systems Regulator under CA 1998), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 4 In section 62(4) of the Civil Aviation Act 2012 (functions of the Civil Aviation Authority under CA 1998), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 5 In section 371(3) of the Communications Act 2002 (functions of OFCOM under CA 1998), in the words before paragraph (a), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 6 In section 86(4)(b) of the Transport Act 2000 (functions of the Civil Aviation Authority with respect to competition), after “and 54” insert “but including references in provisions of the Enterprise Act 2002 applied by that Part”. 7 In section 234J(4) of the Financial Services and Markets Act 2000 (functions of the FCA under CA 1998), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 8 In section 67(3A) of the Railways Act 1993 (functions of the Office of Rail and Road with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 9 In section 31(4A) of the Water Industry Act 1991 (functions of Ofwat with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 10 In section 43(3A) of the Electricity Act 1989 (functions of Ofgem with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 11 In section 36A(3A) of the Gas Act 1986 (functions of Ofgem with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 12 In Article 29(5) of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 13 In Article 23(3A) of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. 14 In Article 46(3A) of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) (functions of the Northern Ireland Authority for Utility Regulation with respect to competition), after “Part 1 of the Competition Act 1998” insert “(including references in provisions of the Enterprise Act 2002 applied by that Part)”. Extra-territoriality of notices under CA 1998 and EA 2002 15 In Chapter 3 of Part 1 of CA 1998 (investigation and enforcement), after section 44A (inserted by paragraph 2) insert— Extra-territorial application of notices under sections 26 and 40ZD 44B (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD. (2) The power is exercisable so as to— (a) give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4)); (b) require the production of a specified document, or the provision of specified information, held outside the United Kingdom. (3) The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person’s activities are being investigated as part of an investigation under section 25, or (b) the person has a UK connection. (4) The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if— (a) the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or (b) the person is subject to a transferred EU anti-trust direction (within the meaning of that section). (5) For the purposes of subsection (3)(b), a person has a UK connection if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (6) In subsection (5)(a) “United Kingdom national” means— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who is a British subject under the British Nationality Act 1981; (c) a British protected person within the meaning of that Act. (7) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom. 16 In Chapter 5 of Part 3 of EA 2002 (mergers: supplementary: investigation powers), after section 109A insert— Extra-territorial application of notices under section 109 109B (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; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 109(2) or (3) to a person outside the United Kingdom. 17 In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary: investigation powers), after section 174 insert— Extra-territorial application of notices under section 174 174ZA (1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5). (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 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person— (a) is a United Kingdom national; (b) is an individual who is habitually resident in the United Kingdom; (c) is a body incorporated under the law of any part of the United Kingdom; (d) carries on business in the United Kingdom. (4) In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)). (5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.