Cancellation or variation of references under article 57
1
The F1CMA shall cancel a reference under article 5(3) if it considers that the proposal to make arrangements of the kind mentioned in the reference has been abandoned.
2
In relation to the question whether a European relevant merger situation has been created or the question whether a European relevant merger situation will be created, a reference under article 5 may be framed so as to require the F1CMA to exclude from consideration—
a
subsection (1) of section 23 of the Act;
b
subsection (2) of that section; or
c
one of those subsections if the F1CMA finds that the other is satisfied.
3
In relation to the question whether F10for the purpose of section 23(2)(b), the share of supply test is or will be met, a reference under article 5 may be framed so as to require the F1CMA to confine its investigation to the supply of goods or services in a part of the United Kingdom specified in the reference.
4
The F1CMA may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article; and, in such cases, references in this Order to references under those enactments shall, so far as may be necessary, be construed accordingly.
5
Where by virtue of paragraph (4), the F2CMA treats a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article, paragraphs F3... 2, 7 and 8 of Schedule 2, in particular, apply as if the reference had been made under paragraph (3) or (as the case may be) (2) of that article instead of under paragraph (2) or (3) of that article.
6
Paragraph (7) applies in relation to F4any order made under paragraph 2 of Schedule 2 which is in force immediately before the F5CMA, by virtue of paragraph (4), treats a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article.
8
The Secretary of State may at any time vary a reference under article 5.
9
The Secretary of State shall consult the F9CMA before varying any such reference.
10
Paragraph (9) shall not apply if the F9CMA has requested the variation concerned.
11
No variation by the Secretary of State under this article shall be capable of altering the public interest consideration or considerations specified in the reference or the period permitted by virtue of article 8 within which the report of the F9CMA under that article is to be prepared and given to the Secretary of State.