The competition framework Part 4: Competition Reform Interim measures and other sanctions Section 43: Threshold for interim measures
340.This section lowers the threshold which determines when the CMA will be able to impose interim measures under section 35 of the CA 1998.
341.Section 35 currently enables the OFT, when it has begun but not completed an anti-trust investigation and considers that it is necessary for it to act as a matter of urgency for the purpose of preventing serious, irreparable damage to a person or category of person, or of protecting the public interest, to give such directions as it considers appropriate for that purpose. This section substitutes ‘significant damage’ for ‘serious, irreparable damage’ in the test in section 35 which the CMA must consider is satisfied before it can give directions.