HC Deb 27 January 2000 vol 343 cc670-1

".—(1) If the Director—

  1. (a) makes a report under section (Reports by Director General of Fair Trading)(2), or
  2. (b) asks the Commission to consider a report that he has made under section (Reports by Director General of Fair Trading)(3),
the Commission must consider the matter.

(2) The Commission must then make its own report on the matter unless it considers that, as a result of a change of circumstances, no useful purpose would be served by a report.

(3) If the Commission decides in accordance with subsection (2) not to make a report, it must make a statement setting out the change of circumstances which resulted in that decision.

(4) A report made under this section must state whether, in the opinion of the Commission—

  1. (a) the regulating provision or practice which is the subject of the report has a significant anti-competitive effect, or
  2. (b) the regulating provisions or practices, or combination of regulating provisions and practices, which are the subject of the report have such an effect.

(5) A report under this section which states that, in the opinion of the Commission, there is a significant anti-competitive effect must also—

  1. (a) state whether the Commission considers that that effect is justified; and
  2. (b) if it states that the Commission considers that it is not justified, state its opinion as to the action, if any, that ought to be taken by the Authority.

(6) Subsection (7) applies whenever the Commission is considering, for the purposes of this section, whether a particular anti-competitive effect is justified.

(7) The Commission must ensure, so far as that is reasonably possible, that the conclusion it reaches is compatible with the functions conferred, and obligations imposed, on the Authority by or under this Act.

(8) A report under this section must contain such an account of the Commission's reasons for—

  1. (a) any opinion which it has expressed in the report, and
  2. (b) if it has reached a conclusion on whether a particular anti-competitive effect is justified, that conclusion,
as is expedient, in the opinion of the Commission, for facilitating proper understanding of that conclusion or opinion.

(9) Schedule (Role of Competition Commission) supplements this section.

(10) If the Commission makes a report under this section it must send a copy to the Treasury, the Authority and the Director.".—[Mr. Timms.]

Brought up, read the First and Second time, and added to the Bill.

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