OpenLegislation

Paragraph 25 Intervention to protect legitimate interests: no European intervention notice before IP completionF5I1

United Kingdom

(1)

This paragraph applies in a case in which immediately before F1IP completion day—

(a)

a concentration has been examined by the European Commission under the EC Merger Regulation and the EU merger decision has been taken in relation to the concentration;

(b)

the conditions specified in section 67(1) of the 2002 Act are met in relation to the concentration concerned; and

(c)

the Secretary of State has not made a decision to give an intervention notice under F2section 67(2) of the 2002 Act.

(2)

The old legitimate interests law continues to have effect on and after F3IP completion day in relation to the concentration concerned except that the conditions in section F467(1)(a)(ii), (b) and (c) are treated as being met on and after IP completion day.

(3)

In this paragraph “the old legitimate interests law” means—

(a)

sections 67 and 68 of the 2002 Act;

(b)

the Enterprise Act 2002 (Anticipated Mergers) Order 2003 M1 without the modification made by paragraph 6(2) of Schedule 2 to these Regulations; and

(c)

the 2003 Order.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 25(1) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(2)(a)

F2

Words in Sch. 4 para. 25(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(2)(b)

F3

Words in Sch. 4 para. 25(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(3)(a)

F4

Words in Sch. 4 para. 25(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(3)(b)

F5

Words in Sch. 4 para. 25 heading substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(4)

Marginal citations

M1

S.I. 2003/1595, to which there is an amendment not relevant to these Regulations.

Commencement

I1

Sch. 4 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Notes on Part 7

Textual amendments

F1

Words in Sch. 4 Pt. 7 heading inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 42