The Competition (Amendment etc.) (EU Exit) Regulations 2019

Intervention to protect legitimate interests: no European intervention notice before [F1IP completion] U.K.

This section has no associated Explanatory Memorandum

25.—(1) This paragraph applies in a case in which immediately before [F2IP completion day]

(a)a concentration has been examined by the European Commission under the EC Merger Regulation and the EU merger decision has been taken in relation to the concentration;

(b)the conditions specified in section 67(1) of the 2002 Act are met in relation to the concentration concerned; and

(c)the Secretary of State has not made a decision to give an intervention notice under [F3section 67(2) of the 2002 Act].

(2) The old legitimate interests law continues to have effect on and after [F4IP completion day] in relation to the concentration concerned except that the conditions in section [F567(1)(a)(ii), (b) and (c)] are treated as being met on and after [F4IP completion day].

(3) In this paragraph “the old legitimate interests law” means—

(a)sections 67 and 68 of the 2002 Act;

(b)the Enterprise Act 2002 (Anticipated Mergers) Order 2003 M1 without the modification made by paragraph 6(2) of Schedule 2 to these Regulations; and

(c)the 2003 Order.

Textual Amendments

F1Words in Sch. 4 para. 25 heading substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(4)

F2Words in Sch. 4 para. 25(1) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(2)(a)

F3Words in Sch. 4 para. 25(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(2)(b)

F4Words in Sch. 4 para. 25(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(3)(a)

F5Words in Sch. 4 para. 25(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 51(3)(b)

Commencement Information

I1Sch. 4 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1S.I. 2003/1595, to which there is an amendment not relevant to these Regulations.