Section 33 Duty to make references in relation to anticipated mergersC1C2

arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation; and

the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

the market concerned is not, or the markets concerned are not, of sufficient importance to justify the making of a reference F5...;

the arrangements concerned are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a reference F6...; or

any relevant customer benefits in relation to the creation of the relevant merger situation concerned outweigh the substantial lessening of competition concerned and any adverse effects of the substantial lessening of competition concerned.

F8the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;

the making of the reference is prevented by section F9. . . 74(1) F10... or paragraph 4 of Schedule 7;

the F11CMA is considering whether to accept undertakings under section 73 instead of making such a reference;

the arrangements concerned are being, or have been, dealt with in connection with a reference made under section 22 F12...; F13or

a notice under section 42(2) is in force in relation to the matter or the matter to which such a notice relates has been finally determined under Chapter 2 otherwise than in circumstances in which a notice is then given to the CMA under section 56(1); F14or

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the enactment under which it is made; and

the date on which it is made.