Digital Markets, Competition and Consumers Act 2024

131 Mutual agreements to extend time-limits: duty to make reference cases

(1) Chapter 1 of Part 3 of EA 2002 (mergers: duty to make references) is amended as follows.

(2) In section 39 (time-limits for investigations and reports)—

(a) before subsection (3) insert—

“(2A) Where the CMA and the persons carrying on the enterprises concerned agree—

(a) that the period within which a report under section 38 is to be prepared and published (the “original period”) should be extended, and

(b) the duration of the period by which the original period should be extended (the “extension period”),

the CMA may extend the original period by the extension period.”;

(b) in subsection (7), after “subsection” insert “(2A),”;

(c) after that subsection insert—

“(7A) An extension under subsection (2A) continues in force until—

(a) the end of the extension period, or

(b) an earlier time if, before the end of that period—

(i) the CMA and the persons carrying on the enterprises concerned agree that the extension should be cancelled with effect from the earlier time, and

(ii) the CMA publishes its decision to cancel the extension with effect from that time.”

(3) In section 40 (section 39: supplementary)—

(a) for subsection (3) substitute—

“(3) A period extended under any subsection of section 39 may also be extended under any other subsection of that section.”;

(b) in subsection (5), for “section 39(3)” substitute “section 39(2A), (3)”.

(4) In Chapter 5 of Part 3 (mergers: supplementary), in section 107(2) (further publicity requirements), in paragraph (d), for “section 39(8)(b)” substitute “section 39(7A)(b) or (8)(b)”.