Motion C2 (as an amendment to Motion C)

Digital Markets, Competition and Consumers Bill - Commons Reasons and Amendments – in the House of Lords am 4:00 pm ar 14 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Pleidleisiau yn y ddadl hon

Baroness Jones of Whitchurch:

Moved by Baroness Jones of Whitchurch

At end insert “, and do propose Amendments 32B and 32C in lieu—

32B: Clause 89, page 55, line 20, at end insert— “(1A) Appeals (or parts of appeals) to a penalty imposed under section 85 (penalties for failure to comply with competition requirements) through the application of section 114 of the EA 2002 do not apply to— (a) the CMA’s original decision to impose the requirements as set out in section 85(2), or (b) the original finding that an undertaking has failed to comply with a conduct requirement as set out in section 85(3). (1B) Appeals (or parts of appeals) relating to the decisions listed in subsection (1A) must be determined in accordance with the requirement in section 103(4).”

32C: Clause 103, page 62, line 4, after “89(1)” insert “to (1B)””

Photo of Baroness Jones of Whitchurch Baroness Jones of Whitchurch Shadow Spokesperson (Science, Innovation and Technology)

My Lords, the Minister said more or less that he agreed with our position but did not see the need for the amendments to be on the face of the Bill. The argument he gave was that the courts would have no difficulty in distinguishing the penalties from the earlier elements of the case—but, as we have already heard this afternoon, some of those legal disputes are just beginning. It is not as clear-cut as we would like, legally, and therefore we do feel the need for that clarification to be in the Bill. I therefore wish to test the opinion of the House on Motion C2.

Ayes 221, Noes 222.

Rhif adran 1 Digital Markets, Competition and Consumers Bill - Commons Reasons and Amendments — Motion C2 (as an amendment to Motion C)

Ie: 219 Members of the House of Lords

Na: 220 Members of the House of Lords

Ie: A-Z fesul cyfenw

Rhifwyr

Na: A-Z fesul cyfenw

Rhifwyr

Motion C2 disagreed.

Motion C agreed.