2(1)To the extent to which conduct (either on its own or when taken together with other conduct)—U.K.
(a)results in any two enterprises ceasing to be distinct enterprises for the purposes of [F1Part V of the 1973 Act] [F1Part 3 of the 2002 Act]), or
(b)is directly related and necessary to the attainment of the result mentioned in paragraph (a),
the Chapter II prohibition does not apply to that conduct.
(2)[F2Section 65 of the 1973 Act] [F2Section 26 of the 2002 Act] applies for the purposes of this paragraph as it applies for the purposes of paragraph 1.
Textual Amendments
F1Words in Sch. 1 para. 2(1)(a) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
F2Words in Sch. 1 para. 2(2) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)