Part 2: Competition Chapter 3: Markets Schedule 9: Final undertakings and orders: power to conduct trials
Paragraph 2 of Schedule 9 makes amendment to section 133A of the Enterprise Act 2002, which deals with which functions of the CMA must be carried out on its behalf by the group constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 following the making of a reference under any of sections 131, 132 or 140A of the Enterprise Act ("the CMA Group") and which may be carried out by the CMA Board. Section 133A(1) sets out the decisions which must be carried out by the CMA Group. Section 133A(2) sets out the decisions which may be carried out by the CMA Board where the CMA Group has ceased to exist.
	Paragraph 2(2) amends subsection 133A(1) so that the decisions under sections 138 to 138B which must be made by the Group are limited to those which relate to an adverse effect on competition in respect of which the CMA is required to take action in accordance with section 138(2) within the period permitted by section 138A(1). It further inserts decisions made under the new section 161C into subsection 133A(1). The CMA Group is thereby required to make decisions regarding any remedies which are to be settled within the period required by section 138A(1) immediately following the conclusion of a market investigation reference, and the design and commencement of any implementation trial to be undertaken under new section 161C, however decisions to be taken at the conclusion of an implementation trial may be taken by the CMA Board, as may decisions to revise remedies in accordance with section 138(2) following a decision made under the new section 162A(5).
	Paragraph 2(3) amends subsection 133A(2) to include decisions made under the new section 162B concerning the variation of any undertakings accepted or orders made for the purpose of a trial undertaken under the new section 161C. This allows the CMA Board to vary remedies during the implementation trial period once the CMA Group has ceased to exist.
	Paragraph 3 of Schedule 9 amends section 138A of the Enterprise Act 2002 which deals with the time limits within which the CMA is required to take action by either accepting undertakings or imposing orders, following a finding of an adverse effect on competition in a market investigation report published under section 136. By section 138A(1) the CMA is required to discharge its duty under section 138(2) within 6 months from the date of the publication of its report. That time period may be extended by no more than 4 months where the CMA considers there are special reasons for doing so.
	Paragraph 3(2) inserts new subsections 138A(A1) to (A3). New subsections (A1) and (A3) have the effect of disapplying the time limit in relation to any adverse effect on competition in relation to which an implementation trial takes place, or where, as a result of an implementation trial, it is not reasonably practicable for the CMA to discharge its duty in relation to another adverse effect on competition identified in the report. Instead, the time in which the section 138(2) duty must be discharged is the date specified under the new section 161D(5)(b)(ii); that is the date specified in the final implementation trial notice as the last date on which any implementation trial measure (undertaking or order) is to have effect. The new subsection (A2) confirms that the existing time limits apply to any other adverse effects on competition. This means that where, in a report published under section 136, the CMA identifies multiple adverse effects on competition , and considers that an implementation trial should be undertaken in relation to one or more of those adverse effects, the existing 6+4 month window will apply to remedies which relate to any adverse effect on competition which are not the subject of a trial, and which is it is reasonably practicable for the CMA to settle before the trial is concluded. The extended period will apply to the remedies which are the subject of the trial, and those which it is not reasonably practicable for the CMA to make a final decision about before the trial concludes.
	Paragraphs 3(3) and 3(4) make consequential amendments to section 138A of the Enterprise Act 2002 to reflect that the existing window for action to be taken under section 138(2) Enterprise Act 2002 continues to apply in all other cases except those indicated at section 138A(A1).
	Paragraph 4 of the Schedule inserts new sections 161B, 161C, 161D and 161E which provide powers for the CMA (and Secretary of State, in public interest cases) to undertake trials of different packages of qualifying remedies before reaching a decision as to the final measures to be accepted or imposed under section 159 or section 161 Enterprise Act 2002.