Part 2: Competition Chapter 3: Markets Section 136: Scope of market investigations
This section makes provision regarding the ability of the CMA (or the appropriate Minister, as the case may be) to specify the feature or features of a market it considers require further investigation when making a reference under section 131 or section 132 of the Enterprise Act 2002 and amending the questions which the CMA group constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 to undertake the investigation must consider accordingly.
	Subsection (2) inserts new subsections (1A) and (1B) in section 133 of the Enterprise Act 2002 which make provision so that a reference may require the CMA Group to limit its investigation to the effects of features of the market or markets concerned which are set out in the reference itself ("particular features"). It further amends section 133(2) of the Enterprise Act 2002 so that the provision sets out examples of the types of feature which the reference may specify.
	Subsection (3) amends section 134 of the Enterprise Act 2002 so that the CMA group will only be required to investigate "relevant features", defined in new section 134, subsection (2B) of the Enterprise Act 2002 as being any features of a relevant market other than features that are excluded by virtue of the above amendments to section 133 of the Enterprise Act 2002. This ensures that the questions which the CMA Group must consider reflect only the matter or matters it is required to investigate as specified in the reference and prevents unnecessary duplication of work.
	It is therefore possible for a reference to be made which refers a whole market for investigation, or specific features of a market, where the person making the reference has identified particular features of concern. This means the question to be considered by the CMA reflects that it is possible for the CMA to refer the whole market for investigation, or a specific feature of the market where they have identified that specific features require further investigation, rather than the market as a whole.
	Should it subsequently be identified that it would be appropriate for the terms of a reference to be varied, there are powers for the CMA (or the appropriate Minister, as the case may be), to vary a market investigation reference under section 135 of the Enterprise Act 2002.