F1SCHEDULE 4ZAApplication of provisions of Enterprise Act 2002 to mergers of water enterprises
4
(1)
In deciding, on a merger reference under section 32(a) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to F2the Authority or any adverse effect which may be expected to result from the prejudice to F2the Authority and, if so, what action should be taken, the F3CMA may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—
(a)
a consideration of those benefits would not prevent a solution to the prejudice concerned; or
(b)
the benefits which may be expected to accrue are substantially more important than the prejudice concerned.
(2)
In deciding, on a merger reference under section 32(b) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to F2the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to F2the Authority and, if so, what action should be taken, the F3CMA may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—
(a)
a consideration of those benefits would not prevent a solution to the prejudice concerned; or
(b)
the benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.
(3)
This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for other matters to which the F3CMA may or must have regard in deciding the questions as mentioned in sub-paragraph (1) or (2) above (including matters which are to take priority over the effect of action on relevant customer benefits).