Competition (Amendment) Act 2022
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Transitional provisions | ||
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3. (1) Where a competent authority begins, on or after the date which section 13 comes into operation, an investigation into a suspected infringement of relevant competition law— | ||
(a) where the investigation relates wholly to conduct, behaviour or any matter that took place before the 4th day of February 2021, the provisions of the Principal Act, the Act of 2014 and the Communications Regulation Act 2002 , as the case may be, shall, notwithstanding the amendments made to those enactments by Parts 2 , 3 , 4 and 6 , apply to the investigation as if those amendments had not been made, and | ||
(b) where the investigation relates to conduct, behaviour or any matter that, in whole or in part, took place on or after the 4th day of February 2021, the provisions of the Principal Act, the Act of 2014 and the Communications Regulation Act 2002 , as the case may be, shall apply to the investigation as amended by such provisions of Parts 2 , 3 , 4 and 6 as are in operation when the investigation takes place. | ||
(2) Subject to subsection (1), proceedings (whether civil or criminal) or investigations taken or carried out by a competent authority, or any proceedings taken by the Director of Public Prosecutions, that— | ||
(a) arise from, or are otherwise connected to, an investigation into a suspected infringement of relevant competition law, and | ||
(b) are pending or open on the date on which section 13 comes into operation, | ||
shall, where they are continued, be so continued (and any penalty, forfeiture or punishment in respect of such infringement may be imposed and carried out) as if the amendments made by Parts 2, 3, 4 and 6 had not been made. | ||
(3) In this section— | ||
“competent authority” has the meaning it has in the Principal Act; | ||
“relevant competition law” means any of the following provisions: | ||
(a) section 4 of the Principal Act; | ||
(b) section 5 of the Principal Act; | ||
(c) Article 101 of the Treaty on the Functioning of the European Union; | ||
(d) Article 102 of the Treaty on the Functioning of the European Union. |