Article 7 Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003

for paragraphs (1) and (2) substitute the following—

“(1)

Where the decision in respect of which a fee is payable under article 3(b) or (c) is made in relation to arrangements or proposed arrangements of which the CMA was given notice under section 96 of the Act and the person who gave the notice still exists at the time when the fee is payable under article 9, the fee is payable by the person who gave the notice.

(2)

In any other case, the fee payable under article 3 is payable by the acquirer.”; and

in paragraph (3)(a), for “OFT’s” substitute “CMA’s”.