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Section 187

SCHEDULE 12 Competition Commission: certain procedural rules

“SCHEDULE 7A the competition commission: procedural rules for mergers and market references etc.

1 In this Schedule—

• “market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131 or 132 of the Enterprise Act 2002 (including that section as it has effect by virtue of another enactment);

• “market reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

• “merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 59 of the Fair Trading Act 1973 (c. 41), section 32 of the Water Industry Act 1991 (c. 56) or section 22, 33, 45 or 62 of the Act of 2002;

• “merger reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

• “relevant group” means a market reference group, merger reference group or special reference group;

• “special investigation” means an investigation carried out by a special reference group—

  (a)

  in connection with a reference under a provision mentioned in any of paragraphs (a) to (l) and (n) of the definition of “special reference group” in paragraph 19A(9) of Schedule 7 to this Act; or

  (b)

  under a provision mentioned in paragraph (m) of that definition; and

• “special reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act.

2 Rules may make provision—

(a) for particular stages of a merger investigation, a market investigation or a special investigation to be dealt with in accordance with a timetable and for the revision of that timetable;

(b) as to the documents and information which must be given to a relevant group in connection with a merger investigation, a market investigation or a special investigation;

(c) as to the documents or information which a relevant group must give to other persons in connection with such an investigation.

3 Rules made by virtue of paragraph 2(a) and (b) may, in particular, enable or require a relevant group to disregard documents or information given after a particular date.

4 Rules made by virtue of paragraph 2(c) may, in particular, make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

5 Rules may make provision as to the quorum of relevant groups.

6 Rules may make provision—

(a) as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration which is specified or described in the rules are allowed—

(i) to be (either by themselves or by their representatives) present before a relevant group or heard by that group;

(ii) to cross-examine witnesses; or

(iii) otherwise to take part;

(b) as to the extent (if any) to which sittings of a relevant group are to be held in public; and

(c) generally in connection with any matters permitted by rules made under paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

7 Rules may make provision for—

(a) the notification or publication of information in relation to merger investigations, market investigations or special investigations;

(b) consultation about such investigations.”

Section 210

SCHEDULE 13 Listed Directives

Part 1 Directives

1 Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising.

2 Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises.

3 Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit as last amended by Directive 98/7/EC.

4 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

6 Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis.

7 Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

8 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

9 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”).

Part 2 Provisions of directives

10 Articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC.

11 Articles 86 to 99 of the Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use.