48 Cases where references or certain questions need not be decidedU.K.
(1)The [F1CMA] shall cancel a reference under section 45(4) or (5) if it considers that the proposal to make arrangements of the kind mentioned in that reference has been abandoned.
(2)In relation to the question whether a relevant merger situation has been created or the question whether a relevant merger situation will be created, a reference under section 45 may be framed so as to require the [F1CMA] to exclude from consideration—
(a)subsection (1) of section 23;
(b)subsection (2) of that section; or
(c)one of those subsections if the [F1CMA] finds that the other is satisfied.
(3)In relation to the question whether[F2, for the purposes of section 23(2)(b), the share of supply test is or will be met], a reference under section 45 may be framed so as to require the [F1CMA] to confine its investigation to the supply of goods or services in a part of the United Kingdom specified in the reference.
Textual Amendments
F1Word in s. 48(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 26(3), Sch. 5 para. 90 (with s. 28), S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 48(3) substituted (11.6.2018) by The Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (S.I. 2018/578), arts. 1(2), 5(3) (with art. 6)