Enterprise Act 2002

[F1 Cases referred by European Commission under the EC Merger Regulation U.K.

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)

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 [F2 CMA] 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 F3 ... 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 [F4 European Union] before the beginning of the year in which it occurs).

Textual Amendments

F2 Word in s. 46A(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 87(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 46A(2)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 87(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3), 4(2), 6(4)(5))

46B Extension of preliminary assessment period] U.K.

[F5 (1) The CMA may extend the preliminary assessment period for the purposes of section 46A if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.]

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3) An extension under subsection (1) shall come into force when published under section 107.

(3A) An extension under subsection (1) shall continue in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.]

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 46B(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 23(2); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F6 S. 46B(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 23(3); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F7 S. 46B(3)(3A) substituted for s. 46B(3) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 23(4); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F8 S. 46B(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 23(5); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F9 46C Power to request information in referred cases U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 46C omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 24; S.I. 2014/416, art. 2(1)(f) (with Sch.)