Key Facts

• Government amendment 12 is a technical amendment relating to PCI investigations.
• Clause 45 empowers the DMU to open PCI investigations into suspected competition problems.
• The DMU must conduct a public consultation before concluding an investigation and giving notice of final decisions under clause 47.
• Pro-competition orders can be imposed on a trial basis and replaced with stronger measures if necessary under clauses 49 and 50.
• SMS firms may offer commitments to the DMU for proposing solutions to competition problems.
• Clause 44 enables the CMA to make Pro-Competitive Interventions (PCIs).
• There is no defined list of PCI remedies in the Bill.
• Clause 45 outlines the legal powers for formal investigations by the CMA.
• Clause 46 ensures the CMA will publish a summary of the PCI notice as soon as possible.
• Clause 48(7) states that the CMA must publish copies of notices 'as soon as reasonably practicable.'
• The DMU is tasked with promoting competition for the benefit of consumers.
• PCI notices can be introduced after public consultation and may not require a four-month timeline if minimal consultation is needed due to obviousness.
• Examples of potential PCIs include choice remedies, interoperability measures, data portability, and separation remedies.
• Clauses 56 to 59 are discussed for standing part.
• Schedule 2 is proposed as the Second schedule to the Bill.
• Clauses 60 to 66 are also discussed for standing part.
• SMS firms must report mergers that could harm competition before completion.
• Three conditions trigger the reporting requirement: holding shares or voting rights in a UK-connected body corporate, with consideration of at least £25 million.
• The CMA has up to five working days to determine if a report is sufficient and another five for review.
• Clause 67 deals with the power to require information.
• Clause 68 is discussed in conjunction with clause 67.
• No specific action or changes proposed, just a request for these clauses to stand part of the bill.
• Clause 69 allows the DMU to require firm-led tests or demonstrations under its supervision.
• Government amendments 13 and 16 limit the DMU’s power of access to business premises only.
• Amendments aim to ensure that powers are proportionate and appropriately constrained.
• Government amendments 13, 14, 15, and 24 aim to clarify and limit the CMA's access rights to individuals and business premises within the United Kingdom.
• Amendment 16 moves the definition of 'business premises' from clause 72 to clause 69.
• The amendments are intended to ensure consistency across the DMU’s information-gathering toolkit.
• Clause 69 enables firm-led tests and demonstrations by the DMU.
• Clause 70 allows the DMU to require interviews with individuals holding relevant information.
• Clause 71 protects interviewees from self-incrimination in criminal prosecutions.
• Clause 72 permits warrantless entry for breach investigations under certain conditions.
• Clause 73 allows entry after obtaining a High Court or Competition Appeal Tribunal warrant, subject to reasonable suspicion of relevant information on premises.
• Clause 74 specifies supplementary requirements and clarifies extraterritorial scope.
• Clause 75 permits taking copies of information during warrant-based investigations.
• Clause 76 mandates adherence to judicial procedures for obtaining warrants.
• Clauses 77 to 80 introduce final elements supporting the DMU’s investigatory powers.
• Clause 77 gives the DMU power to authorise skilled persons for reports on technical information gathered during investigations.
• Clause 79 prevents the DMU from requiring information subject to legal professional privilege or confidentiality in Scotland.
• Seema Malhotra speaks on behalf of her hon. Friend in another debate.
• Clause 77 gives the CMA power to appoint skilled persons for reports and imposes obligations on designated undertakings to assist these persons.
• Clause 78 places a duty on relevant entities to preserve evidence before and after formal requests by the CMA, with penalties for non-compliance.
• Clause 79 specifies that the CMA cannot require information subject to legal and professional privilege.
• Clause 80 allows the CMA to publish notices of decisions to use investigatory powers under the digital markets regime for international investigations.