Part 3Mergers
Chapter 2Public interest cases
F1Cases referred by European Commission under the EC Merger Regulation
46CPower to request information in referred cases
(1)
In a case mentioned in section 46A(1), the OFT may by notice to any of the persons carrying on the enterprises concerned request him to provide the OFT with such information as the OFT may require for the purpose of enabling the Secretary of State to make a decision for the purposes of section 46A(2).
(2)
In such a case, the Secretary of State may by notice to any of the persons carrying on the enterprises concerned request him to provide the Secretary of State with such information as he may require for the purpose of enabling him to make a decision for the purposes of section 46A(2).
(3)
A notice under subsection (1) or (2) shall state—
(a)
the information required;
(b)
the period within which the information is to be provided; and
(c)
the manner (if any) in which the information is required to be provided; and
(d)
the possible consequences—
(i)
of not providing the information within the stated period; and
(ii)
if a manner for its provision is stated in the notice, of not providing it in that manner.