Part 3Mergers

Chapter 5Supplementary

Miscellaneous

122 Primacy of F1EU law

(1)

Advice and information published by virtue of section 106(1) F2... shall include such advice and information about the effect of F1EU law, and anything done under or in accordance with it, on the provisions of this Part as the F3CMA considers appropriate.

(2)

Advice and information published by the F4CMA by virtue of section 106(1) shall, in particular, include advice and information about the circumstances in which the duties of the F4CMA under sections 22 and 33 do not apply as a result of the F5EC Merger Regulation or anything done under or in accordance with them.

(3)

The duty or power to make a reference under section 22 or 45(2) or (3), and the power to give an intervention notice under section 42, shall apply in a case in which the relevant enterprises ceased to be distinct enterprises at a time or in circumstances not falling within section 24 if the condition mentioned in subsection (4) is satisfied.

(4)

The condition mentioned in this subsection is that, because of the F5EC Merger Regulation or anything done under or in accordance with them, the reference, or (as the case may be) the reference under section 22 to which the intervention notice relates, could not have been made earlier than 4 months before the date on which it is to be made.

(5)

Where the duty or power to make a reference under section 22 or 45(2) or (3), or the power to give an intervention notice under section 42, applies as mentioned in subsection (3), references in this Part to the creation of a relevant merger situation shall be construed accordingly.