SCHEDULE 4Saving and transitional provision

PART 7Enterprise Act 2002 F1and other merger control legislation

Annotations:
Amendments (Textual)
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

I128

1

This paragraph applies in a case in which immediately before F2IP completion day —

a

the Secretary of State has given a notice to the CMA under section 67(2) of the 2002 Act in relation to a European relevant merger situation;

b

the matter to which the notice relates has not been finally determined in accordance with article 3 of the 2003 Order; and

F3c

proceedings under the EC Merger Regulation in relation to the concentration concerned have not been initiated for the purposes of Article 92 of the EU withdrawal agreement.

2

On and after F4IP completion day—

a

the notice under section 67(2) of the 2002 Act has effect as if it were a notice under section 42(2) of that Act, and

b

Part 3 of the 2002 Act has effect in relation to the case F5....

3

In sub-paragraph (2), the reference to Part 3 of the 2002 Act—

a

includes provision made under that Part; and

b

is a reference to that Part and provision made under it as modified by these Regulations.