Common use of Procedure for allocation Clause in Contracts

Procedure for allocation. 26 Each of the CMA and Ofwat will, in respect of matters in the water and sewerage sectors in England and Wales, where it has formed the view that there are reasonable grounds for suspecting that one of the competition prohibitions has been infringed (the “reasonable suspicion test” under section 25 of the Competition Act 1998), on the basis of information in its possession (whether received by way of complaint or otherwise), provide to the other sufficient information to enable the other to understand the basis on which it has formed that view (whether or not it proposes to exercise concurrent powers) and for there to be an informed discussion on which authority (if any) is best placed to proceed in respect of the case. It must provide this information in a timely manner and, in all cases, within ten working days after it has formed that view that the reasonable suspicion test has been met. Nothing in this paragraph prevents discussions about the case taking place between the CMA and ▇▇▇▇▇ prior to such a view having been formed, in so far as such discussions are permitted by law. 27 Any agreement between the CMA and Ofwat as to which authority will have jurisdiction, as provided for in regulation 4(2) of the Concurrency Regulations, will be reached as soon as possible and in any event no later than one month from the date of passing of information from one authority to the other under paragraph 26. Within seven working days from the date of passing the relevant information under paragraph 26, the recipient of such information will write to the authority which has passed it that information setting out its initial view on the case and how it might be allocated and identifying further information it requires. Both parties will endeavour to reach agreement within the specified timescale. If agreement is, for whatever reason, not reached within two months after the earlier of the CMA or Ofwat first receiving sufficient information to enable it to form the view that there are reasonable grounds for suspecting that one of the competition prohibitions has been infringed then, other than in exceptional circumstances (which shall be set out in writing) the procedure set out in regulation 5 of the Concurrency Regulations will be initiated.

Procedure for allocation. 26 30 Each of the CMA and Ofwat OFGEM will, in respect of matters in the water gas and sewerage sectors electricity markets in England and WalesGreat Britain, where it has formed the view that there are reasonable grounds for suspecting that one of the competition prohibitions has been infringed (the “reasonable suspicion test” under section 25 of the Competition Act 1998), on the basis of information in its possession (whether received by way of complaint or otherwise), provide to the other sufficient information to enable the other to understand the basis on which it has formed that view (whether or not it proposes to exercise concurrent powers) and for there to be an informed discussion on which authority (if any) is best placed to proceed in respect of the case. It must will provide this information in a timely manner and, in all cases, within ten working days after it has formed that view that the reasonable suspicion test has been met. Nothing in this paragraph prevents discussions about the case taking place between the CMA and ▇▇▇▇▇ OFGEM prior to such a view having been formed, in so far as such discussions are permitted by law. 27 31 Any agreement between the CMA and Ofwat OFGEM as to which authority will have jurisdiction, as provided for in regulation 4(2) of the Concurrency Regulations, will be reached as soon as possible and in any event no later than one month from the date of the passing of information from one authority to the other under paragraph 2630. Within seven working days from the date of passing the relevant information under paragraph 2630, the recipient of such information will write to the authority which has passed it that information setting out its initial view on the case and how it might be allocated and identifying further information it requires. Both parties will endeavour to reach agreement within the specified timescale. If agreement is, for whatever reason, not reached within two months after the earlier of either the CMA or Ofwat OFGEM first receiving sufficient information to enable it to form the view that there are reasonable grounds for suspecting that one of the competition prohibitions has been infringed then, other than in exceptional circumstances (which shall be set out in writing) ), the procedure set out in regulation 5 of the Concurrency Regulations will be initiated. 32 The procedure for the determination of jurisdiction where no agreement is reached between the CMA and OFGEM is as set out in regulation 5 of the Concurrency Regulations.