Paragraph 4

United Kingdom

(1)

The relevant authority shall not make a reference under section 22, 33 F1, 45, 68B or 68C in relation to the creation of a relevant merger situation or (as the case may be) a reference under section 62 in relation to the creation of a special merger situation if—

(a)

the Secretary of State has accepted an undertaking or group of undertakings under paragraph 3; and

(b)

the relevant merger situation or (as the case may be) the special merger situation is the situation by reference to which the undertaking or group of undertakings was accepted.

(2)

In sub-paragraph (1) “the relevant authority” means—

(a)

in relation to a possible reference under section 22 F2, 33, 68B or 68C, the F3CMA; and

(b)

in relation to a possible reference under section 45 or 62, the Secretary of State.

(3)

Sub-paragraph (1) does not prevent the making of a reference if material facts about relevant arrangements or transactions, or relevant proposed arrangements or transactions, were not notified (whether in writing or otherwise) to the Secretary of State or the CMA or made public before any undertaking concerned was accepted.

(4)

For the purposes of sub-paragraph (3) arrangements or transactions, or proposed arrangements or transactions, are relevant if they are the ones in consequence of which the enterprises concerned ceased or may have ceased, or may cease, to be distinct enterprises.

(5)

In sub-paragraph (3) “made public” means so publicised as to be generally known or readily ascertainable.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 4(1) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 34(2)
F2: Words in Sch. 7 para. 4(2)(a) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 34(3)
F3: Word in Sch. 7 para. 4(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 160(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Notes on Schedule 7

Modifications

C1: Schs. 7, 8: functions made exercisable concurrently (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 15(2) (with arts. 16(5)(6), 17)