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 Water Services Regulation Authority (Ofwat) 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 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 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 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 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, proposed direct regulatory action by 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 Ofwat – whether under this MoU (and under comparable 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, Ofwat, the water and sewerage industry in England and Wales and, most importantly of all, the consumers. Xxxx Xxxxxxxx CEO, CMA Xxxxxxx Xxxxxx Senior Director, Customers and Casework, Ofwat Memorandum of understanding between the Competition and Markets Authority and the Water Services Regulation Authority Purpose of this memorandum of understanding

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 Water Services Regulation Authority Office of Rail and Road (OfwatXXX) 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 Xxxxx 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 Ofwat 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 appeals against, or references relating to, to proposed direct regulatory action by Ofwat 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 Ofwat – the XXX - whether under this MoU (and under comparable MoU 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. 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, Ofwatthe XXX, the water and sewerage railways services industry in England and Wales Great Britain and, most importantly of all, the consumers. Xxxx Xxxxxxxx CEO, CMA Xxxxxxx Xxxxxx Senior DirectorXxxxxxxxxxx CEO, Customers and Casework, Ofwat XXX Memorandum of understanding between the Competition and Markets Authority and the Water Services Regulation Authority Office of Rail and Road‌ Purpose of this memorandum of understanding

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 from April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) CMA has competition law powers which apply across the whole economy. Sectoral regulators such as the Water Services Regulation Authority (Ofwat) Ofwat 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 has introduced a number of changes to improve the working of these concurrency provisions and to enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have already 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 ”1 This memorandum Memorandum of understanding Understanding (MoU) represents a further stage in the process of cooperation co-operation between the CMA and the regulators, setting out more practical detail on how the CMA and Xxxxx Ofwat will work together within the framework of competition law.2 law2. The main purpose of this MoU is to establish an understanding between the CMA and 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 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, proposed direct regulatory action by 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 Ofwat – whether under this MoU (and under comparable 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, Ofwat, the water and sewerage industry in England and Wales and, most importantly of all, the consumers. Xxxx Xxxxxxxx CEO, CMA Xxxxxxx Xxxxxx Senior Director, Customers and Casework, Ofwat Memorandum of understanding between the Competition and Markets Authority and the Water Services Regulation Authority Purpose of this memorandum of understanding,

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 Water Services Regulation Financial Conduct Authority (OfwatFCA) 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 Xxxxx the 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 Ofwat the 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 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, proposed direct regulatory action by 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 Ofwat – whether under this MoU (and under comparable 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 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. 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, Ofwatthe FCA, the water and sewerage financial services industry in England and Wales the UK and, most importantly of all, the consumers. Xxxx Xxxxxx Xxxxxxxx CEO, CMA Xxxxxxx Xxxxxx Senior DirectorXxxxxx CEO, Customers and Casework, Ofwat FCA Memorandum of understanding between the Competition and Markets Authority and the Water Services Regulation Financial Conduct Authority Purpose of this memorandum of understanding

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 Water Services Regulation Financial Conduct Authority (OfwatFCA) 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 Xxxxx the 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 Ofwat the 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 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, proposed direct regulatory action by 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 Ofwat – whether under this MoU (and under comparable 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 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. 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, Ofwatthe FCA, the water and sewerage financial services industry in England and Wales the UK and, most importantly of all, the consumers. Xxxx Xxxxxx Xxxxxxxx Xxxxxx Xxxxxx CEO, CMA Xxxxxxx Xxxxxx Senior DirectorCEO, Customers and Casework, Ofwat FCA Memorandum of understanding between the Competition and Markets Authority and the Water Services Regulation Financial Conduct Authority Purpose of this memorandum of understanding