Matters reserved for Board involvement

1 . The functions of deciding:

a) whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 (“the 2002 Act”) applies;

b) whether to propose to make, or to make, a reference under section 131 of the 2002 Act

c) for the purposes of the requirement imposed by section 131A(2)(b) of the 2002 Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of the 2002 Act in a way that is likely to have a substantial impact on the interests of any person;

d) whether section 140A of the 2002 Act applies in respect of a particular case;

e) whether to accept an undertaking in lieu of a reference under section 154A of the 2002 Act, or to vary or supersede or release an undertaking under that section;

f) for the purposes of the requirement imposed by section 169(2) of the 2002 Act, whether the CMA is proposing to make a decision to make a reference under section 131 of the 2002 Act in a way that is likely to have a substantial impact on the interests of any person

g) whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

h) whether to begin a further SMS investigation under section 10 of the 2024 Act;

i) whether to begin a PCI investigation under section 47 of the 2024 Act.

2 . The approval of the CMA’s conflicts of interest policy.

3 . The Board will consider matters and provide an advisory steer in relation to large operational projects or programmes that, in the view of either the Principal Accounting Officer or ARAC, could have a significant long term impact on the CMA’s costs or the space available for the CMA to carry out its work.

Matters reserved to the Board or a committee of the Board

4 . The functions of deciding :

a) whether to make a designation under section 2 of the 2024 Act;

b) what, if any, provision to make in reliance on section 17 of the 2024 Act;

c) whether to impose a conduct requirement under section 19 of the 2024 Act;

d) whether to revoke a conduct requirement under section 22 of the 2024 Act;

e) whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

f) whether to accept a commitment under section 36 or section 56 of the 2024 Act;

g) whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);

h) whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

i) the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

j) whether to replace a pro-competition order under section 52 of the 2024 Act;

k) whether to revoke a pro-competition order under section 53 of the 2024 Act;

l) whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

m) the amount of any such penalty.