Commentary on provisions of Act Section 63: References to Competition and Markets Authority
This section amends section 132 of the Enterprise Act 2002 ("the 2002 Act"). Section 132 of the 2002 Act confers on the "appropriate Minister" a power to refer a market or markets for investigation if the "appropriate Minister" has reasonable grounds for suspecting that one or more features of the market (or features occurring in a number of markets) are preventing, restricting or distorting competition in the supply or acquisition of specified goods or services. Subsection (5) defines the "appropriate Minister" as either the Secretary of State acting alone or the Secretary of State acting jointly with other Ministers of the Crown. The "appropriate Minister" may only exercise this power where additionally he, she or they are either dissatisfied with the Competition and Markets Authority's (CMA's) decision not to make a reference (subsection (1)) or are satisfied that the CMA is aware of whatever evidence has led the "appropriate Minister" to form a suspicion and is not likely to reach a decision as to whether or not to launch a market study (to determine whether a reference is appropriate) within a reasonable period of time (subsections (2) and (3)). The "appropriate Minister" may make market investigation references only as a reserve power.
	Section 63 amends the definition of "appropriate Minister" in section 132(5) of the 2002 Act so that it includes the Scottish Ministers, acting jointly with the Secretary of State, or jointly with the Secretary of State and one or more other Ministers of the Crown.