Section 136 — Scope of market investigations

(1) Chapter 1 of Part 4 of EA 2002 (market studies and market investigations: references) is amended as follows.

(2) In section 133 (contents of market investigation references)—

(a) after subsection (1) insert— (1A) A market investigation reference may be framed so as to require the group constituted by the chair of the CMA in respect of the reference to confine its investigation into the effects of features of markets in the United Kingdom for goods or services of a description specified in the reference to the effects of particular features of such markets. (1B) For the purposes of subsection (1A), “particular features” means features specified in the reference. ;

(b) in subsection (2), for the words before paragraph (a) substitute “For the purposes of subsection (1A), a reference may (for example) specify or describe features that exist in connection with—”.

(3) In section 134 (questions to be decided on market investigation references)—

(a) in subsection (1), for “feature, or combination of features,” substitute “relevant feature”;

(b) in subsection (2), for “feature, or combination of features,” substitute “relevant feature”;

(c) after subsection (2A) insert— (2B) In subsections (1) and (2), “relevant feature” means— (a) any feature of a relevant market which is not excluded from investigation by virtue of section 133(1A), or (b) a combination of such features. ;

(d) in subsection (7), after “features” insert “concerned”.