SCHEDULES

[F1SCHEDULE 4ZAU.K.Application of provisions of Enterprise Act 2002 to mergers of water enterprises

Textual Amendments

F1Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)

7(1)For the purposes of this Schedule a benefit is a relevant customer benefit if—U.K.

(a)it is a benefit to relevant customers in the form of—

(i)lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom; or

(ii)greater innovation in relation to such goods or services; and

(b)the [F2CMA] believes—

(i)in the case of a merger reference under section 32(a) of this Act, as mentioned in sub-paragraph (2) below; and

(ii)in the case of a merger reference under section 32(b) of this Act, as mentioned in sub-paragraph (3) below.

(2)The belief, in the case of a merger reference under section 32(a) of this Act, is that—

(a)the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Director.

(3)The belief, in the case of a merger reference under section 32(b) of this Act is that—

(a)the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Director.

(4)In sub-paragraph (1) above “relevant customers” means—

(a)customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;

(b)customers of such customers; and

(c)any other customers in a chain of customers beginning with the customers mentioned in paragraph (a);

and in this sub-paragraph “customers” includes future customers.]

Textual Amendments