Digital Markets, Competition and Consumers Act 2024

132 Mutual agreements to extend time-limits: public interest cases U.K.

(1) Chapter 2 of Part 3 of EA 2002 (mergers: public interest cases) is amended as follows.

(2) In section 51 (time-limits for investigations and reports by CMA)—

(a) before subsection (3) insert—

“(2A) Where —

(a) the CMA and the persons carrying on the enterprises concerned agree—

(i) that the period within which a report under section 50 is to be prepared and published (the “original period”) should be extended, and

(ii) the duration of the period by which the original period should be extended (the “extension period”), and

(b) the Secretary of State consents to the original period being extended by the extension period,

the CMA may extend the original period by the extension period.”;

(b) in subsection (7), after “subsection” insert “(2A),”;

(c) after that subsection insert—

“(7A) An extension under subsection (2A) continues in force until—

(a) the end of the extension period, or

(b) an earlier time if, before the end of that period—

(i) the CMA and the persons carrying on the enterprises concerned agree that the extension should be cancelled with effect from the earlier time,

(ii) the Secretary of State consents to the cancellation of the extension with effect from that time, and

(iii) the CMA publishes its decision to cancel the extension with effect from that time.”

(3) In section 52 (section 51: supplementary)—

(a) for subsection (3) substitute—

“(3) A period extended under any subsection of section 51 may also be extended under any other subsection of that section.”;

(b) in subsection (5), for “section 51(3)” substitute “section 51(2A), (3)”.

(4) In Chapter 5 of Part 3 (mergers: supplementary), in section 107(2)(j), for “section 51(8)(b)” substitute “section 51(7A)(b) or (8)(b)”.

Commencement Information

I1 S. 132 not in force at Royal Assent, see s. 339(1)

I2 S. 132 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. paras. 5(4), 20)