(This note is not part of the Regulations)
These Regulations make provision consequential upon Council Regulation (EEC)No. 4064/89 on the control of concentrations between undertakings (“the Merger Control Regulation”).
Regulation 2 amends the provision of the Fair Trading Act 1973 about restriction on the power to make a merger reference where prior notice has been given (inserted by the Companies Act 1989) by providing that the Director General of Fair Trading may reject a merger notice where it appears to him that the merger is also a “concentration with a Community dimension” within the Merger Control Regulation.
Regulation 3 enables a merger reference to be made later than the time limit in section 64(4) of the Fair Trading Act 1973 if it is made within six months of the removal of any restriction on the making of the reference created by the Merger Control Regulation.