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Enterprise Act 2002, Section 74 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The relevant authority shall not make a reference under section 22, 33 [F1or 45] in relation to the creation of a relevant merger situation if—
(a)the [F2CMA] has accepted an undertaking or group of undertakings under [F3section 73(2)]; and
(b)the relevant merger situation is the situation by reference to which the undertaking or group of undertakings was accepted.
[F4(1A)The relevant authority may not make a reference under section 45, 68B or 68C in relation to the creation of a relevant merger situation if—
(a)the CMA has accepted an undertaking or group of undertakings under section 73(3B), and
(b)the relevant merger situation is the situation by reference to which the undertaking or group of undertakings was accepted.]
(2)[F5Subsections (1) and (1A) do not] prevent the making of a reference if material facts about relevant arrangements or transactions, or relevant proposed arrangements or transactions, were not notified (whether in writing or otherwise) to the [F2CMA] or made public before any undertaking concerned was accepted.
(3)For the purposes of subsection (2) arrangements or transactions, or proposed arrangements or transactions, are relevant if they are the ones in consequence of which the enterprises concerned ceased or may have ceased, or may cease, to be distinct enterprises.
(4)In subsection (2) “made public” means so publicised as to be generally known or readily ascertainable.
(5)In this section “relevant authority” means—
(a)in relation to a possible reference under section 22 [F6, 33, 68B or 68C], the [F7CMA]; and
(b)in relation to a possible reference under section 45, the Secretary of State.
Textual Amendments
F1Words in s. 74(1) substituted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 9(2)(a)
F2Word in s. 74(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 114 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 74(1)(a) substituted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 9(2)(b)
F4S. 74(1A) inserted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 9(3)
F5Words in s. 74(2) substituted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 9(4)
F6Words in s. 74(5)(a) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 14(3)
F7Word in s. 74(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 114 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
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