SCHEDULES
F1SCHEDULE 4ZAApplication of provisions of Enterprise Act 2002 to mergers of water enterprises
7
1
For the purposes of this Schedule a benefit is a relevant customer benefit if—
a
it is a benefit to relevant customers in the form of—
i
lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom; or
ii
greater innovation in relation to such goods or services; and
b
the Competition Commission believes—
i
in the case of a merger reference under section 32(a) of this Act, as mentioned in sub-paragraph (2) below; and
ii
in the case of a merger reference under section 32(b) of this Act, as mentioned in sub-paragraph (3) below.
2
The belief, in the case of a merger reference under section 32(a) of this Act, is that—
a
the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and
b
the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Director.
3
The belief, in the case of a merger reference under section 32(b) of this Act is that—
a
the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and
b
the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Director.
4
In sub-paragraph (1) above “relevant customers” means—
a
customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;
b
customers of such customers; and
c
any other customers in a chain of customers beginning with the customers mentioned in paragraph (a);
and in this sub-paragraph “customers” includes future customers.
Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)