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6. In regulation 9 (section 33: duty to make references in relation to anticipated mergers), in the text of section 33 of the 2002 Act as it has effect as substituted by that regulation—
(a)the existing text becomes subsection (1); and
(b)after that subsection insert—
“(2) No reference shall be made under section 32(a) of the 1991 Act if the period within which the CMA is required by section 34ZA of the 2002 Act to decide whether the duty to make a reference applies has expired without such a decision having been made.”.
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