Enterprise Act 2002 (repealed)

Yn ddilys o 01/05/2004

[F1 46A Cases referred by the European Commission where intervention notice is in force U.K.

 

(1) Subsection (2) applies if the European Commission has by a decision referred the whole or part of a case to the OFT under Article 4(4) or 9 of the EC Merger Regulation, or is deemed to have taken such a decision, and an intervention notice is in force in relation to that case.

(2) Before the end of the preliminary assessment period, the Secretary of State shall—

(a) decide whether to make a reference to the Commission under section 45; and

(b) inform the persons carrying on the enterprises concerned by notice of that decision and of the reasons for it.

(3) The Secretary of State may, for the purposes of subsection (2), decide not to make a reference on the basis that he is considering whether to seek or accept undertakings under paragraph 3 of Schedule 7 instead of making a reference; but a decision taken on that basis does not prevent the Secretary of State from making a reference under section 45 in the event of no such undertakings being offered or accepted.

(4) In this section—

• “the preliminary assessment period” means, subject to section 46B, the period of 45 working days beginning with the day after the day on which the decision of the European Commission to refer the case is taken (or is deemed to have been taken); and

• “working day” means any day which is not—

  (a)

  a Saturday;

  (b)

  a Sunday; or

  (c)

  a day which is a European Commission holiday (as published in the Official Journal of the European Communities before the beginning of the year in which it occurs).]

Textual Amendments

F1 Ss. 46A-46C and cross-heading inserted (1.5.2004) by The EC Merger Control (Consequential Amendments) Regulations 2004 (S.I. 2004/1079), reg. 2, Sch. para. 2(15)