Paragraph 2

United Kingdom

(1)

To the extent to which conduct (either on its own or when taken together with other conduct)—

(a)

results in any two enterprises ceasing to be distinct enterprises for the purposes of ~~F1Part V of the 1973 Act~~ Part 3 of the 2002 Act), or

(b)

is directly related and necessary to the attainment of the result mentioned in paragraph (a),

the Chapter II prohibition does not apply to that conduct.

(2)

~~F2Section 65 of the 1973 Act~~ Section 26 of the 2002 Act applies for the purposes of this paragraph as it applies for the purposes of paragraph 1.

Annotations

F1: Words in Sch. 1 para. 2(1)(a) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
F2: Words in Sch. 1 para. 2(2) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1