Fair Trading Act 1973

Supplementary U.K.

76 Functions of Director in relation to merger situations. U.K.

It shall be the duty of the Director—

(a) to take all such steps as are reasonably practicable for keeping himself informed about actual or prospective arrangements or transactions which may constituted or result in the creation of merger situations qualfying for investigation, and

(b) to make recommendations to the Secretary of State as to any action under this Part of this Act which in the opinion of the Director it would be expedient for the Secretary of State to take in relation to any such arrangements or transactions.

[F1 (2) In exercising his duty under this section the Director shall take into consideration any representations made to him by persons appearing to him to have a substantial interest in any such arrangements or transactions or by bodies appearing to him to represent substantial numbers of persons who have such an interest.]

Textual Amendments

F1 S. 76(2) added by Companies Act 1989 (c. 40, SIF 27), s. 153, Sch. 20 para. 11

Modifications etc. (not altering text)

C1 Ss. 64-77 modified (E.W.S.) (1.4.1994) by 1993 c. 43, s. 66(3); S.I. 1994/571, art. 5

77 Associated persons. U.K.

(1) For the following purposes, that is to say—

(a) for the purpose of determining under section 57(1) [F2 or (1A)] of this Act whether a person is a newspaper proprietor and, if so, which newspapers are his newspapers;

(b) for the purpose of determining under section 65 of this Act whether any two enterprises have been brought under common ownership or common control; and

(c) for the purpose of determining what activities are carried on by way of business by any one person, in so far as that question arises in the application, by virtue of an order under section 73 of this Act, of paragraph 14 of Schedule 8 to this Act,

associated persons, and any bodies corporate which they or any of them control, shall (subject to the next following subsection) be treated as one person.

(2) The preceding subsection shall not have effect—

(a) for the purpose mentioned in paragraph (a) of that subsection so as to exclude from section 58 of this Act any case which would otherwise fall within that section, or

(b) for the purpose mentioned in paragraph (b) of the preceding subsection so as to exclude from section 65 of this Act any case which would otherwise fall within that section.

(3) A merger reference other than a newspaper merger reference (whether apart from this section the reference could be made or not) may be so framed as to exclude from consideration, either altogether or for any specified purpose or to any specified extent, any matter which, apart from this section, would not have been taken into account on that reference.

(4) For the purposes of this section the following persons shall be regarded as associated with one another, that is to say—

(a) any individual and that individual’s husband or wife and any relative, or husband or wife of a relative, of that individual or of that individual’s husband or wife;

(b) any person in his capacity as trustee of a settlement and the settlor or grantor and any person associated with the settlor or grantor;

(c) persons carrying on business in partnership and the husband or wife and relatives of any of them;

(d) any two or more persons acting together to secure or exercise control of a body corporate or other association or to secure control of any enterprise or assets.

(5) The reference in subsection (1) of this section to bodies corporate which associated persons control shall be construed as follows, that is to say—

(a) in its application for the purpose mentioned in paragraph (a) of that subsection, “control” in that reference means having a [F3 primary] controlling interest within the meaning of section 57(4) of this Act, and

(b) in its application for any other purpose mentioned in subsection (1) of this section, “control” in that reference shall be construed in accordance with section 65(3) and (4) of this Act.

(6) In this section “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild or illegitimate child or any person, or anyone adopted by a person, whether legally or otherwise, as his child, being taken into account as a relative or to trace a relationship in the same way as that person’s child); and references to a wife or husband shall include a former wife or husband and a reputed wife or husband.

Textual Amendments

F2 Words inserted in s. 77(1)(a) (3.1.1995) by 1994 c. 40, s. 39, Sch. 11 para. 2(2)(a); S.I. 1994/3188, arts. 2, 3(f)(q)

F3 Word inserted in s. 77(5)(a) (3.1.1995) by 1994 c. 40, s. 39, Sch. 11 para. 2(2)(b); S.I. 1994/3188, arts. 2, 3(f)(q)

Modifications etc. (not altering text)

C2 Ss. 64-77 modified (E.W.S.) (1.4.1994) by 1993 c. 43, s. 66(3); S.I. 1994/571, art. 5