Part 3U.K.Mergers

Modifications etc. (not altering text)

C4Pt. 3 applied (with modifications) (29.12.2004) by 1991 c. 56, Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

Pt. 3 (ss. 22-130) applied (1.10.2005) by 1991 c. 56, s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied (1.10.2005) by 1991 c. 56, s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)

C5Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35

Chapter 1U.K.Duty to make references

[F1Cases referred by European Commission under EC Merger RegulationU.K.

Textual Amendments

34ADuty of [F2CMA] where case referred by the European CommissionU.K.

(1)Subsection (2) applies if the European Commission has by a decision referred the whole or part of a case to the [F3CMA] 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 [F4CMA] shall—

(a)decide whether to make a reference F5... 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 [F6CMA] 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 [F6CMA] 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 [F7European Union] before the beginning of the year in which it occurs).]

[F8(5)The CMA may extend the preliminary assessment period if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.]

[F9(6)An extension under subsection (5) shall come into force when published under section 107.]

[F9(6A)An extension under subsection (5) shall continue in force until—

(a)the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b)the CMA publishes its decision to cancel the extension.]

F10(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in s. 34A(2)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 73(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F1134BPower to request information in referred casesU.K.

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Textual Amendments