Regulation 15 Section 41: Duty to remedy effects of completed or anticipated mergers

United Kingdom

Section 41 (duty to remedy effects of completed or anticipated mergers) has effect as if—

(a)

in subsection (1), for “an anti-competitive” there were substituted “a prejudicial”;

(b)

in paragraphs (a) and (b) of subsection (2), and in subsection (4), for “substantial lessening of competition” there were substituted “prejudice to the Authority ”;

(c)

in subsection (3)—

(i)

for “35(3)” there were substituted “35(5)”; and

(ii)

for “36(2)” there were substituted “36(4)”; and

(d)

for subsection (5) there were substituted—

“(5)
In making a decision under subsection (2), the F1CMA may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the merger concerned in accordance with section 35(7) or (as the case may be) section 36(6)”.

Annotations

Textual amendments

F1: Word in reg. 15 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 22(12) (with art. 3)