The Enterprise Act 2002 (Merger Prenotification) Regulations 2003

Provision of information to the OFT

8.—(1) Any information which—

(a) is, or ought to be, known to the person who gave the merger notice or any connected person, and

(b) is material to the notified arrangements,

or any information requested by the OFT under section 99(2) of the Act, shall be provided or disclosed in writing.

(2) Subject to paragraph (3), any information provided or disclosed to the OFT under this regulation shall be treated as having been so provided or disclosed on the day on which it is in fact received by the OFT.

(3) Where information provided or disclosed to the OFT under this regulation is received by the OFT on any day which is not a working day or after 5.00 pm on any working day, it shall be treated as having been provided or disclosed to the OFT on the next working day.

(4) Section 7 of the Interpretation Act 1978 shall not apply to the provision or disclosure of any information under this regulation.

(5) Any information requested by the OFT under section 99(2) of the Act shall be treated as provided to the satisfaction of the OFT, for the purposes of section 97(6) of the Act, on the day on which the OFT informs the person who gave the merger notice, or a person acting on his behalf, of the fact that it is satisfied as to the provision of the information requested by it.