Paragraph 23 Article 22 cases referred to but not decided by the European Commission before exit day
This paragraph applies in a case in which immediately before exit day—
the CMA has given a notice under section 34ZB(5) of the 2002 Act, extending the initial period mentioned in section 34ZA(1) of that Act, following a request made to the European Commission by the United Kingdom under Article 22(1) of the EC Merger Regulation,
the CMA has also given notice as mentioned in section 34ZB(8)(b) of that Act ending the extension, and
the European Commission is examining the concentration in accordance with the request, but the EU merger decision has not been taken in relation to the concentration.
The initial period mentioned in section 34ZA(1) of the 2002 Act is extended for the period beginning with the receipt of the notice mentioned in section 34ZB(8)(b) of that Act and ending with the receipt of a notice under sub-paragraph (3).
The CMA must by notice inform the persons carrying on the enterprises concerned that the EC Merger Regulation has ceased to apply to the concentration.
Where the initial period mentioned in in section 34ZA(1) of the 2002 Act is extended by virtue of this paragraph in relation to a particular case—
the reference in section 34ZC(3) to a period being extended or further extended under 34ZB(1) or (4) has effect as if it included a reference to it being further extended under this paragraph; and
section 34ZC(4)(b) has effect as if it referred to the further extension or at least one previous extension of the period mentioned in section 34ZA(1) being made under one or more of section 34ZB(1) of the 2002 Act and this paragraph.