Common use of Foreword Clause in Contracts

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road (XXX) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering references relating to proposed direct regulatory action by the XXX under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - whether under this MoU (and under comparable MoUs agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXX, the railways services industry in Great Britain and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Water Services Regulation Authority (XXXOfwat) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX Xxxxx will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX Ofwat as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to to, proposed direct regulatory action by the XXX Ofwat under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - Ofwat – whether under this MoU (and under comparable MoUs MoU agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). together, including within the framework of the UKCN, to promote competition for the benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. Water and sewerage markets are in the process of liberalisation, with the aim of fostering more competitive markets for the benefit of current and future customers. As markets evolve, competition enforcement under the Competition Act 1998 and review of markets under the Enterprise Act 2002 will be increasingly important tools to enable the development of effective competition in the sector. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXOfwat, the railways services water and sewerage industry in Great Britain England and Wales and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌.

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this countryenforcement. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Civil Aviation Authority (XXXCAA) may exercise the competition law powers to enforce competition law concurrently with the CMA in those sectors for which they have responsibility, namely the prohibitions on anti-competitive agreements and on abuse of a dominant position, and the ability to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable enables closer working working, with the objective of more consistent and effective use of concurrent competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulatorscooperation, setting out more practical detail on how the CMA and the XXX will CAA will, in practice, work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate in the legislation and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering references relating to proposed direct regulatory action by the XXX under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - whether under this MoU (and under comparable MoUs agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each experience. Each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position duties and strategic objectives. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXX, the railways services industry in Great Britain and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌.

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Financial Conduct Authority (XXXFCA) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. When the FCA acquired its concurrent competition powers, these reflected the enhanced concurrency provisions introduced by the Enterprise and Regulatory Reform Act 2013. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX FCA will work together within the framework of competition law.2 law. The main purpose of this MoU is to establish an understanding between the CMA and the XXX FCA as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering references relating to proposed direct regulatory action by the XXX under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - whether under this MoU (and under comparable MoUs agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). benefit of consumers. We shall do this by the sharing of expertise, information, ideas 1 UKCN (2013), Statement of intent. and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXFCA, the railways financial services industry in Great Britain the UK and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌.

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Northern Ireland Authority for Utility Regulation (XXXNIAUR) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX NIAUR will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX NIAUR as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013)UKCN, Statement of Intent, 2 December 2013. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to to, proposed direct regulatory action by the XXX NIAUR under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - NIAUR – whether under this MoU (and under comparable MoUs MoU agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience experience, and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. NIAUR is responsible for regulating the electricity, gas and water and sewerage industries in Northern Ireland. Its principal objectives can be summarised as follows:  To protect the interests of electricity consumers (with regard to price and quality of service), wherever appropriate by promoting competition in the generation, transmission and supply of electricity.  To promote the development and maintenance of an economic and coordinated gas industry and to protect the interests of gas consumers (with regard to price and quality of service).  To protect the interests of water and sewerage consumers in relation to the supply of water and provision of sewerage services, wherever appropriate by facilitating effective competition. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXNIAUR, the railways services industry gas, electricity, water and sewerage industries in Great Britain Northern Ireland and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌.

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Communications (XXXOfcom) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve enhance the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX Ofcom will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX Ofcom as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the 1 UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent, 2 December 2013. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to to, proposed direct regulatory action by the XXX Ofcom under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - Ofcom – whether under this MoU (and under comparable MoUs agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). together, including within the framework of the UKCN, to promote competition for the benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXOfcom, the railways services industry in Great Britain electronic communications, broadcasting and postal sectors and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌Communications‌

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Communications (XXXOfcom) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve enhance the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX Ofcom will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX Ofcom as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the UKCN, to promote competition for the 1 UKCN (2013)UKCN, Statement of Intent, 2 December 2013. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to to, proposed direct regulatory action by the XXX Ofcom under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - Ofcom – whether under this MoU (and under comparable MoUs agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXOfcom, the railways services industry in Great Britain electronic communications, broadcasting and postal sectors and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌.

Foreword. ‌ The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Office of Rail and Road Northern Ireland Authority for Utility Regulation (XXXNIAUR) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and the XXX NIAUR will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and the XXX NIAUR as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work together, including within the framework of the 1 UKCN, to promote competition for the 1 UKCN (2013), Statement of Intent, 2 December 2013. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to to, proposed direct regulatory action by the XXX NIAUR under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with the XXX - NIAUR – whether under this MoU (and under comparable MoUs MoU agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers - – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). together, including within the framework of the UKCN, to promote competition for the benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience experience, and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. NIAUR is responsible for regulating the electricity, gas and water and sewerage industries in Northern Ireland. Its principal objectives can be summarised as follows:  To protect the interests of electricity consumers (with regard to price and quality of service), wherever appropriate by promoting competition in the generation, transmission and supply of electricity.  To promote the development and maintenance of an economic and coordinated gas industry and to protect the interests of gas consumers (with regard to price and quality of service).  To protect the interests of water and sewerage consumers in relation to the supply of water and provision of sewerage services, wherever appropriate by facilitating effective competition. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, the XXXNIAUR, the railways services industry gas, electricity, water and sewerage industries in Great Britain Northern Ireland and, most importantly of all, the consumers. Memorandum of understanding between the Competition and Markets Authority and the Office of Rail and Road‌Northern Ireland Authority for Utility Regulation‌