Pooling resources. 80. The provisions of paragraphs 52 to 60 of this MoU apply to pooling resources under the market provisions as they do under the competition prohibitions.
Pooling resources. 49. Paragraph 22 above and the concurrency guidance provide for support to be provided by the supporting authority to the investigating authority when it is exercising its concurrent powers in a case. The CMA and the NIAUR will endeavour, so far as is reasonably practicable and permitted by law, and in light of their respective ongoing priorities and resource availability at the time, to share their resources with each other in the interests of the effective enforcement of competition law in the gas, electricity, water and sewerage sectors in Northern Ireland, and more generally the promotion of competition for the benefit of consumers in those sectors, and to ensure that their resources and expertise are used most efficiently for that purpose. This is subject to the proviso that, as stated in paragraph 5, this does not apply in relation to the functions of the CMA in its role of considering appeals against, or references related to, proposed action by the NIAUR under the sectoral statutes.
Pooling resources. 51. Paragraph 23 above, and the concurrency guidance provide for support to be provided by the supporting authority to the investigating authority when it is exercising its concurrent powers in a case. The CMA and the PSR will endeavour, so far as is reasonably practicable and permitted by law, and in 14 See the PSR’s General directions.
Pooling resources. For greater certainty, nothing in this Agreement prohibits two or more Limited Partners from using Limited Partner Distributions to jointly further a project of benefit to such Limited Partners and their Members, provided such project is in respect of or in furtherance of the Approved Purposes.
Pooling resources. 50. Paragraph 22 above, and the concurrency guidance provide for support to be provided by the supporting authority to the investigating authority when it is exercising its concurrent powers in a case. The CMA and the FCA will 12 As set out in the FCA Handbook 13 The use restriction in this paragraph is intended to govern the use of leniency information in the context of the concurrency arrangements. It is not intended to prevent the disclosure of such leniency information by either one of the CMA or the FCA to the other (to the extent permitted by Part 9 of the Enterprise Act 2002 and in accordance with Leniency and no-action applications in cartel cases: OFT1495) for purposes other than the application of the competition prohibitions or the cartel offence. However, any such disclosure of leniency information would only be likely to be justified in exceptional circumstances, given the strong public interest in maintaining the incentives for undertakings and, in the case of the cartel offence, individuals to apply for leniency. 14 The FCA and CMA acknowledge that OFT1495 applies, in particular paragraphs 3.24–3.28, with respect to maintaining confidentiality. endeavour, so far as is reasonably practicable and permitted by law, and in the light of their respective ongoing priorities and resource availability at the time, to share their resources with each other in the interests of the effective enforcement of competition law in the financial services sector in the UK, and more generally the promotion of competition for the benefit of consumers in that sector, and to ensure that their resources and expertise are used most efficiently for that purpose.
