[234K Duty to consider exercise of powers under Competition Act 1998]
[234K Duty to consider exercise of powers under Competition Act 1998]

[(1)     Before exercising a power listed in subsection (3), the FCA must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(2)     The FCA must not exercise such a power if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(3)     Those powers are—

(a)     the power under section 55J(2) to vary or cancel a Part 4A permission;

(b)     the power under section 55L to impose a requirement on an authorised person with a Part 4A permission, or to vary a requirement imposed under that section;

(c)     the power to take action under section 88E;

(d)     the power to take action under section 89U;

(e)     the power to give a direction under section 192C;