The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

13.  After regulation 59 insert—

“59A.— (1) Schedule 10 is amended as follows.

(2) In the heading to Schedule 10, after “UNDERTAKINGS” insert “, COMMITMENTS”.

(3) In the italic heading before paragraph 1, after “undertakings” insert “and commitments”.

(4) In paragraph 1—

(a) omit the “and” at the end of sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(aa) any commitment which varies or supersedes a retained EU merger commitment under section 84A (but does not apply to such a commitment which falls within paragraph 1A); and”;

(c) in sub-paragraph (b), for “or 84” substitute “, 84 or 84C”.

(5) After paragraph 1 insert—

“1A.   A commitment falls within this paragraph if—

(a) it does not vary the retained EU merger commitment in any material respect; or

(b) it only extends a time limit or time limits specified in the retained EU merger commitment.”.

(6) In paragraph 2(1)(1)—

(a) in the words before paragraph (a), after “an undertaking” insert “or commitment”;

(b) in paragraph (a), after “proposed undertaking” insert “, commitment”.

(7) In paragraph 2(2)—

(a) in paragraph (a), after “undertaking” insert “or commitment”;

(b) paragraphs (b) and (c), after “undertaking”, in both places, insert “, commitment”;

(c) in paragraph (d), after “undertaking” insert “or commitment”;

(d) in paragraph (e), after “undertaking” insert “, commitment”;

(e) in paragraph (f)—

(i) after “an undertaking” insert “or commitment”;

(ii) after “proposed undertaking” insert “, commitment”.

(8) In paragraphs 2(4) and 3(1), after “undertaking”, in both places, insert “or commitment”.

(9) In paragraph 4—

(a) in the words before sub-paragraph (a) and in sub-paragraph (a), after “undertaking”, in both places, insert “or commitment”;

(b) in sub-paragraph (b), after “undertaking” insert “, commitment”.

(10) In paragraph 5(1), in paragraph (a), after “undertaking” insert “, commitment”.

(11) In the italic heading before paragraph 6, after “undertakings” insert “, commitments”.

(12) In paragraph 6—

(a) omit the “or” at the end of sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(aa) release a retained EU merger commitment under section 84A (other than in connection with accepting a commitment which varies or supersedes a retained EU merger commitment); or”;

(c) in sub-paragraph (b), for “or 84” substitute “, 84 or 84C”.

(13) In paragraphs 7 and 8, after “undertaking”, in each place it occurs, insert “or commitment”.”.

(1)

Paragraph 2 was amended by paragraphs 59 and 162 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.