Enterprise Act 2002 (repealed)

Valid from 01/05/2004

[F1 34A Duty of OFT where case referred by the European Commission U.K.

 

(1) Subsection (2) applies if the European Commission has by a decision referred the whole or part of a case to the OFT under Article 4(4) or 9 of the EC Merger Regulation, or is deemed to have taken such a decision, unless an intervention notice is in force in relation to that case.

(2) Before the end of the preliminary assessment period, the OFT shall—

(a) decide whether to make a reference to the Commission under section 22 or 33; and

(b) inform the persons carrying on the enterprises concerned by notice of that decision and of the reasons for it.

(3) The OFT may, for the purposes of subsection (2), decide not to make a reference on the basis that it is considering whether to seek or accept undertakings under section 73 instead of making a reference; but a decision taken on that basis does not prevent the OFT from making a reference under section 22 or 33 in the event of no such undertakings being offered or accepted.

(4) In this section—

• “the preliminary assessment period” means, subject to subsection (5), the period of 45 working days beginning with the day after the day on which the decision of the European Commission to refer the case is taken (or is deemed to have been taken); and

• “working day” means any day which is not—

(a) a Saturday;

(b) a Sunday; or

(c) a day which is a European Commission holiday (as published in the Official Journal of the European Communities before the beginning of the year in which it occurs).

(5) If the OFT has imposed a requirement under section 34B and it considers that the person on whom that requirement was imposed has failed to comply with it, the OFT may, by notice to the persons carrying on the enterprises concerned, extend the preliminary assessment period.

(6) The period of an extension under subsection (5) shall—

(a) begin with the end of the period within which the requirement under section 34B could be complied with; and

(b) end with the earlier of either compliance with the requirement to the satisfaction of the OFT or cancellation by the OFT of the extension.

(7) A notice under subsection (6) shall—

(a) be given within 5 working days of the end of the period mentioned in paragraph (a) of that subsection; and

(b) inform the person to whom it is addressed that the OFT is of the opinion mentioned in subsection (5) and that it intends to extend the preliminary assessment period.]

Textual Amendments

F1 Ss. 34A, 34B and preceding cross-heading inserted (1.5.2004) by The EC Merger Control (Consequential Amendments) Regulations 2004 (S.I. 2004/1079), reg. 2, Sch. para. 2(9)