39 Time-limits for investigations and reportsF2U.K.
(1)The Commission shall prepare and publish its report under section 38 within the period of 24 weeks beginning with the date of the reference concerned.
(2)[F1Where article 9(6) of the European Merger Regulations applies in relation to the reference under section 22 or 33, the Commission shall prepare and publish its report under section 38—
(a)within the period of 24 weeks beginning with the date of the reference; or
(b)if it is a shorter period, within such period as is necessary to ensure compliance with that article.]
(3)The Commission may extend, by no more than 8 weeks, the period within which a report under section 38 is to be prepared and published if it considers that there are special reasons why the report cannot be prepared and published within that period.
(4)The Commission may extend the period within which a report under section 38 is to be prepared and published if it considers that a relevant person has failed (whether with or without a reasonable excuse) to comply with any requirement of a notice under section 109.
(5)In subsection (4) “relevant person” means—
(a)any person carrying on any of the enterprises concerned;
(b)any person who (whether alone or as a member of a group) owns or has control of any such person; or
(c)any officer, employee or agent of any person mentioned in paragraph (a) or (b).
(6)For the purposes of subsection (5) a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
(7)An extension under subsection (3) or (4) shall come into force when published under section 107.
(8)An extension under subsection (4) shall continue in force until—
(a)the person concerned provides the information or documents to the satisfaction of the Commission or (as the case may be) appears as a witness in accordance with the requirements of the Commission; or
(b)the Commission publishes its decision to cancel the extension.
(9)References in this Part to the date of a reference shall be construed as references to the date specified in the reference as the date on which it is made.
(10)This section is subject to section 40.
Textual Amendments
F1S. 39(2) ceased to have effect (1.5.2004) by virtue of The EC Merger Control (Consequential Amendments) Regulations 2004 (S.I. 2004/1079), reg. 2, Sch. para. 2(10)
Textual Amendments applied to the whole legislation
F2Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]