Part 2: Competition Chapter 3: Markets Section 135: Power to make a reference after previously deciding not to do so
This section amends Section 131B of the Enterprise Act 2002 to specify the circumstances when a market investigation reference may be made, following an earlier decision by the CMA or a concurrent sector regulator during a market study not to make a market investigation reference in relation to the same matter.
	Subsection (4) inserts new subsections (8) and (9) in section 131B of the Enterprise Act 2002. These make provision so that a reference for a market investigation may not be made within 2 years of the publication of a market study report in relation to the same matter, unless there has been a material change in circumstances since the report was prepared. This could include where it is subsequently discovered there has been a mistake of fact or misrepresentation made during the course of the market study, or evidence was provided late in the course of the study which indicates that the market has changed since the report was prepared.