1994 No. 2877
The Merger Reference (Thomas Cook Group Limited and Barclays Bank plc) Order 1994
Made
Laid before Parliament
Coming into force
Whereas:
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the Secretary of State, in excercise of powers conferred on him by sections 64, 69(2) and 75 of the Fair Trading Act 19731 has today referred to the Monopolies and Mergers Commission for investigation and report the matter of enterprises of Thomas Cook Group Limited and enterprises of Barclays Bank plc ceasing to be distinct enterprises and the matter of arrangements which, if carried into effect, would so result; and
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in the opinion of the Secretary of State the doing of the things mentioned in Article 2 of this Order constitutes action which might prejudice the reference or the taking of action under the said Act which may be warranted by the Commission’s report on the reference: Now, therefore, the Secretary of State, with a view to preventing the doing of the things mentioned in Article 2 of this Order and in exercise of the powers conferred on him by section 74 of the said Act hereby makes the following Order:
1
1
This Order may be cited as The Merger Reference (Thomas Cook Group Limited and Barclays Bank plc) Order 1994 and shall come into force on 10th November 1994.
2
For the purposes of this Order—
a
“associate” means a person associated (within the meaning of section 77(4) of the Fair Trading Act 1973) with Thomas Cook Group Limited any subsidiary thereof;
b
“control” has the same meaning as in section 65 of the Fair Trading Act 1973;
c
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985.
2
It shall be unlawful for Thomas Cook Group Limited, any subsidiary thereof or any associate—
a
to bring under its or, as the case may be, their control any of the enterprises of Barclays Bank plc or any of its subsidiaries;
b
to complete any existing agreement or arrangement or to enter any new agreement or arrangement to secure or exercise control of any of the enterprises of Barclays Bank plc or any of its subsidiaries;
c
to do anything alone or with any other person with a view to or for the purpose of acting together to secure or exercise control of any of the enterprises of Barlcays Bank plc.