SCHEDULES

SCHEDULE 2U.K.Minor and consequential amendments and revocations

2(1)Section 23 (relevant merger situations) is amended as follows.U.K.

(2)For subsections (1) and (2) substitute—

(1)For the purposes of this Part, a relevant merger situation has been created if—

(a)two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million.

(2)For the purposes of this Part, a relevant merger situation has also been created if—

(a)two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)as a result, one or both of the conditions mentioned in subsections (3) and (4) below prevails or prevails to a greater extent.

(3)Omit subsections (2A), (4A) and (4B).

(4)In subsection (5), for “(3), (4), (4A) or (4B)” substitute “ (3) or (4) ”.

(5)In subsection (6), for “(3), (4), (4A) and (4B)” substitute “ (3) and (4) ”.

(6)Omit subsection (10).