Amendments to the Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003
5. In article 4—
(a)for paragraph (1) substitute the following—
“(1) Except where the decision in respect of which a fee is payable under article 3(b) or (c) is made in relation to arrangements or proposed arrangements of which the CMA was given notice under section 96(1) of the Act, a fee shall not be payable under article 3(b) or (c) where the creation or possible creation of the relevant merger situation depends or would depend on the operation of section 26(3) or (4)(b) of the Act.”; and
(b)in paragraph (2), for the words from “the OFT decides” to the end substitute “the CMA decides pursuant to section 33(2)(b)(2) of the Act that the arrangements concerned are not sufficiently far advanced, or are not sufficiently likely to proceed, to justify the making of a merger reference.”
Section 96 of the Enterprise Act 2002 was amended by paragraph 132 of Schedule 5 and paragraph 8 of Schedule 8 to the Enterprise and Regulatory Reform Act 2013.
Section 33(2) of the Enterprise Act 2002 was amended by paragraph 72(3) of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.