Amendments proposed to the Enterprise Bill - continued House of Commons

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Ms Secretary Hewitt

295

Page     223,     line     28     [Schedule     9],      at end insert—

      'Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I.1))

    8A (1) Article 45 of the Airports (Northern Ireland) Order 1994 (modification of certain conditions in force under Part 4 of that Order) shall be amended as follows.

    (2) For paragraph (1) there shall be substituted—

          "(1)   Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this Article "the relevant authority") makes a relevant order, the order may also provide for the revocation or modification of any relevant conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

          (1A)   In paragraph (1) "relevant order" means—

          (a) an order under section 72, 80 or 81 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

          (i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was an airport operator; or

          (ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of any operational activities relating to one or more than one airport; or

          (b) an order under section 154 or 155 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the carrying on of any operational activities relating to one or more than one airport.

    (3) Paragraph (3) shall cease to have effect.

    (4)  For paragraph (4) there shall be substituted—

          "(4)   Expressions used in paragraph (1A) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that paragraph as in that Part."

     8B In paragraph 13 of Schedule 6 to that Order, for "Article 45(3)(b)" there shall be substituted "Article 45(1A)".'.


   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

73

Page     121,     line     36,     leave out Clause 168.


   

Dr Vincent Cable
Mr Alastair Carmichael
Dr John Pugh

310

Page     122     [Clause     168],     leave out lines 20 to 21.


   

Mr Andrew Lansley
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

154

Page     124,     line     10     [Clause     172],     at end insert—

       'and

      (c) includes action taken under section 153 or section 155'.

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field

316

Page     124     [Clause     172],     leave out lines 21 to 30 and insert—

    '(5A)   The Competition Appeal Tribunal may confirm or set aside the decision which is the subject of the appeal and may—

      (a) remit the matter to the OFT, the Secretary of State or the Competition Commission as the case might be ("the original decision maker");

      (b) cancel or vary any conditions or obligations imposed by the original decision maker;

      (c) give such directions or take such steps as the original decision maker could have made;

      (d) make any other decision which the original decision maker could have made.'.

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

77

Page     124     [Clause     172],     leave out lines 22 and 23 and insert 'be entitled to review the substance of the decision, as well as the procedure by which that decision was reached'.

   

Mr Andrew Lansley
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

155

Page     124,     line     23     [Clause     172],     at end insert ', except in relation to a decision under section 153 or 155, where the Competition Appeal Tribunal will determine an application on its merits as to the proportionality and effectiveness of the decision or decisions in remedying, mitigating or preventing the adverse effect on competition or the detrimental effect on customers resulting from the adverse effect on competition'.

   

Ms Secretary Hewitt

296

Page     124,     line     32     [Clause     172],     leave out from 'Tribunal' to end of line 33 and insert 'under this section to the appropriate court.

    (8A)   An appeal under subsection (8) requires the permission of the Tribunal or the appropriate court.'.

   

Ms Secretary Hewitt

297

Page     124,     line     34     [Clause     172],     after first 'section' insert '—

"the appropriate court" means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and'.


   

Ms Secretary Hewitt

167

Page     125,     line     14     [Clause     174],     after '(6)', insert 'or 111(3)(b) or (4)(b)'.

   

Ms Secretary Hewitt

168

Page     125,     line     31     [Clause     174],     after '(6)', insert 'or 111(3)(b) or (4)(b)'.

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field

78

Page     125,     line     43     [Clause     176],     at end insert 'and includes a local authority or a public body.'.


   

Ms Secretary Hewitt

298

Page     129,     line     5     [Clause     177],     at end insert—

'Reports of the CommissionSection (Excisions from reports: Part 4)(5)'.


   

Ms Secretary Hewitt

185

Page     236,     line     13     [Schedule     11],     at end insert—

            '(c)   in sub-paragraph (2), for "(a)" there is substituted "(aa)"; and

            (d)   in sub-paragraph (3), before paragraph (b) there is inserted—

                "(aa)   a newspaper panel member;".'.

   

Ms Secretary Hewitt

186

Page     236,     line     18     [Schedule     11],     at end insert—

            '(c)   after sub-paragraph (3) there is inserted—

          "(3A)   Without prejudice to the question whether any other functions of the Commission are to be so discharged, the functions of the Commission under sections 103, 113, and 165 of the Enterprise Act 2002 (and under section 113 as applied for the purposes of references under Part 4 of that Act by section 170 of that Act) are to be discharged by the Council.".'.


   

Ms Secretary Hewitt

299

Page     237,     line     14     [Schedule     11],     leave out '(5)' and insert '(9)'.

   

Ms Secretary Hewitt

300

Page     237,     line     15     [Schedule     11],     leave out sub-paragraphs (3) and (4) and insert—

    '(3) For sub-paragraph (2) there is substituted—

        "(2) For the purposes of Part 3 of the Enterprise Act 2002 (mergers) any decision of a group under section 34(1) or 35(1) of that Act (questions to be decided on non-public interest merger references) that there is an anti-competitive outcome is to be treated as a decision under that section that there is not an anti-competitive outcome if the decision is not that of at least two-thirds of the members of the group.

        (3) For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group—

                    (a)   any decision of a group under section 46 of that Act (questions to be decided on public interest merger references) that a relevant merger situation has been created is to be treated as a decision under that section that no such situation has been created;

                    (b)   any decision of a group under section 46 of that Act that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

                    (c)   any decision of a group under section 46 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation; and

                    (d)   any decision of a group under section 46 of that Act that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation may be expected not to result in such a substantial lessening of competition.

        (4)  For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group—

                    (a)   any decision of a group under section 62 of that Act (questions to be decided on special public interest merger references) that a special merger situation has been created is to be treated as a decision under that section that no such situation has been created; and

                    (b)   any decision of a group under section 62 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation.

        (5) For the purposes of Part 4 of the Act of 2002 (market investigations), if the decision is not that of at least two-thirds of the members of the group, any decision of a group under section 128 or 135 (questions to be decided on market investigation references) that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom is to be treated as a decision that the feature or (as the case may be) combination of features does not prevent, restrict or distort such competition.

        (6) Accordingly, for the purposes of Part 4 of the Act of 2002, a group is to be treated as having decided under section 128 or 135 that there is no adverse effect on competition if—

                    (a)   one or more than one decision of the group is to be treated as mentioned in sub-paragraph (5); and

                    (b)   there is no other relevant decision of the group.

        (7) In sub-paragraph (6) "relevant decision" means a decision which is not to be treated as mentioned in sub-paragraph (5) and which is that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

        (8) Expressions used in sub-paragraphs (2) to (7) shall be construed in accordance with Part 3 or (as the case may be) 4 of the Act of 2002.

        (9) Sub-paragraph (1) is also subject to specific provision made by or under other enactments about decisions which are not decisions of at least two-thirds of the members of a group".'.

 
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Prepared 13 Jun 2002