Amendments to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 200319

1

Schedule 4 is amended as follows.

2

In paragraph 3(2), for “Competition Commission” substitute “Competition and Markets Authority”.

3

In paragraph 7(1), in the words before paragraph (a), for “Competition Commission” substitute “Competition and Markets Authority”.

4

Omit paragraph 15(2) and (3).

5

After paragraph 17 insert—

Enterprise and Regulatory Reform Act 2013 (c.24)18

In Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Competition and Markets Authority)—

a

in paragraph 35(3) the reference in the definition of a “newspaper merger reference” to section 45 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

b

the reference in paragraph 47(1) to section 64(1) of the Enterprise Act 2002 shall have effect as if it included a reference to article 7(1) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

c

the reference in paragraph 47(2) to section 62A of the Enterprise Act 2002 shall have effect as if it included a reference to article 5A of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

d

the reference in paragraph 51(6)(b) to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

e

in paragraph 53(9) the reference in the definition of “merger investigation” to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

f

paragraph 56(1) shall have effect as if it also provided that paragraph 56(4) also applies for the purposes of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

g

in paragraph 56(4)—

i

a reference to section 63 of the Enterprise Act 2002 shall have effect as if it included a reference to article 6 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

ii

a reference to a special merger situation shall have effect as if it included a reference to a European relevant merger situation.