Regulation 52 Intervention to protect legitimate interests: no European intervention notice before IP completion day

After paragraph 25 insert—

“25A.

(1)

This paragraph applies in a case where immediately before IP completion day—

(a)

a concentration is being examined by the European Commission but the EU merger decision has not been taken in relation to the concentration, and

(b)

the Secretary of State has not made a decision to give an intervention notice under section 67(2) of the 2002 Act in relation to the concentration concerned.

(2)

The old legitimate interests law continues to have effect on and after IP completion day in relation to the case concerned except that—

(a)

the references to “EU law” in sections 67(1)(b) and 68(2)(c) of the 2002 Act are to be read as references to “relevant separation agreement law” within the meaning of section 7C of the European Union (Withdrawal Agreement) Act 2020^f1; and

(b)

references to the EC Merger Regulation in sections 67 and 68 of the 2002 Act have the meaning given by paragraph 18.

(3)

In this paragraph—

(a)

“the old legitimate interests law” has the same meaning as in paragraph 25; and

(b)

a concentration is being examined by the European Commission if proceedings under the EC Merger Regulation in relation to the concentration have been initiated for the purposes of Article 92 of the EU withdrawal agreement.”.