SCHEDULES

SCHEDULE 2Minor and consequential amendments and revocations

I12

1

Section 23 (relevant merger situations) is amended as follows.

2

For subsections (1) and (2) substitute—

1

For the purposes of this Part, a relevant merger situation has been created if—

a

two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

b

the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million.

2

For the purposes of this Part, a relevant merger situation has also been created if—

a

two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

b

as a result, one or both of the conditions mentioned in subsections (3) and (4) below prevails or prevails to a greater extent.

3

Omit subsections (2A), (4A) and (4B).

4

In subsection (5), for “(3), (4), (4A) or (4B)” substitute “ (3) or (4) ”.

5

In subsection (6), for “(3), (4), (4A) and (4B)” substitute “ (3) and (4) ”.

6

Omit subsection (10).