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Competition Act 1998, Paragraph 5 is up to date with all changes known to be in force on or before 12 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5U.K.An agreement is a protected agreement for the purposes of paragraph 4 if—
[F1(a)the [F2CMA] or (as the case may be) the Secretary of State has published its or his decision not to make a reference F3... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement;
(b)the [F2CMA] or (as the case may be) the Secretary of State has made a reference F3... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and [F4the CMA] has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation;
(c)the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or
(d)the [F2CMA] has made a reference F3... under section 32 of the Water Industry Act 1991 in connection with the agreement and [F4the CMA] has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.]
Textual Amendments
F1Sch. 1 para. 5(a)(d) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(d); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(4) 8)
F2Word in Sch. 1 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in Sch. 1 para. 5 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 12(2)(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
F4Words in Sch. 1 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 12(2)(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
Modifications etc. (not altering text)
C1Sch. 1 para. 5(a)(b) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 15(1)(a)
C2Sch. 1 para. 5(b) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 15(1)(b)
C3Sch. 1 para. 5 modified (temp.) (7.12.2004) by The Enterprise Act 2002 (Commencement No. 7 and Transitional Provisions and Savings) Order 2004 (S.I. 2004/3233), art. 5(2)(b)
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