Paragraph 32 Intervention to protect legitimate interests: European intervention notice before exit day

(1)

This paragraph applies in a case falling within paragraph 28(1) in which immediately before exit day—

(a)

the Secretary of State has made a reference under article 5(2) or (3) of the 2003 Order in relation to the case; and

(b)

the CMA has not given the Secretary of State a report under article 8 of the 2003 Order in relation to the case.

(2)

On and after exit day—

(a)

the reference, if made under article 5(2) of the 2003 Order, is to be treated as if it had been made under section 45(2) of the 2002 Act;

(b)

the reference, if made under article 5(3) of the 2003 Order, is to be treated as if it had been made under section 45(4) of the 2002 Act; and

(c)

for the purposes of section 56(3) of the 2002 Act^f1, the CMA is to be treated as having made a report under section 44 of the 2002 Act containing a decision that it is or may be the case that there is an anti-competitive outcome in relation to the relevant merger situation concerned.

(3)

For the purposes of section 34C of the 2002 Act, the group constituted in consequence of the reference under article 5(2) or (3) of the 2003 Order in relation to the case is to be treated on and after exit day as if it were constituted in consequence of a reference under section 45(2) or (4) of the 2002 Act (as appropriate).

Annotations

Footnotes

f1: Section 56 was amended by paragraphs 59 and 98 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.