SCHEDULE Savings and transitional provisions

PART 2 Saving and transitional provision in relation to the coming into force of provision in Chapter 2 of Part 2 (Mergers) of the Act
5. (1) The amendments made by section 127 of, and Schedule 4 to, the Act (relevant merger situations and special merger situations) have no effect in relation to—
(a) any enterprises ceasing to be distinct enterprises before the commencement date;
(b) any arrangements which were in progress or in contemplation before the commencement date which, if carried into effect, might result in two or more enterprises ceasing to be distinct enterprises on or after the commencement date—
(i) in relation to which the initial period began before the commencement date;
(ii) in relation to which the Secretary of State gave the CMA a notice under section 42(2) of EA 2002 (intervention by the Secretary of State in certain public interest cases) before the commencement date;
The Competition and Markets Authority was established by section 25 of the 2013 Act; see section 330 of the Act for the definition of “the CMA”.
Section 42 was amended by paragraph 82 of Schedule 5 and paragraph 21 of Schedule 15 to the 2013 Act; paragraph 7 of Schedule 16 to the Energy Act 2023 (c. 52); and S.I. 2019/93.
(iii) in relation to which the Secretary of State gave the CMA a notice under section 59(2) of EA 2002 (intervention by the Secretary of State in special public interest cases) before the commencement date; or
Section 59 was amended by section 378 of the Communications Act 2003 (c. 21); paragraph 8 of Schedule 2, paragraph 101 of Schedule 5, paragraph 26 of Schedule 15 to the 2013 Act, paragraph 8 of Schedule 2 to the National Security and Investment Act 2021 (c. 25) and S.I. 2019/93.
(iv) in relation to which the Secretary of State gave the CMA a notice under section 70A(1) of EA 2002 (intervention in respect of a foreign state newspaper merger situation) before the commencement date.
Section 70A was inserted by paragraph 2 of Schedule 7 to the Act.
(2) The amendments made by section 128 of, and Schedule 5 to, the Act (fast track references under section 22 and 33 of EA 2002) have no effect in relation to any relevant case in relation to which the initial period began before the commencement date.
(3) The amendments made by section 131 of the Act (mutual agreements to extend time-limits: duty to make reference cases), except that made by subsection (3)(a) of that section, have no effect in relation to any relevant case in relation to which the CMA made a reference under section 22, 33, 68B or 68C of EA 2002 (duties to make references in relation to completed mergers and anticipated mergers) before the commencement date.
Section 22 was amended by paragraph 1 of Schedule 19 to the Communications Act 2003; paragraph 67 of Schedule 5 and paragraph 2 of Schedule 8 to the 2013 Act; and S.I. 2004/1079 and 2019/93.
Section 68B was inserted by paragraph 2 of Schedule 16 to the Energy Act 2023 and amended by paragraph 4 of Schedule 6 to the Act; section 68C was inserted by paragraph 2 of Schedule 16 to the Energy Act 2023 and amended by paragraph 5 of Schedule 6 to the Act.
(4) The amendments made by section 132 of the Act (mutual agreements to extend time-limits: public interest cases) have no effect in relation to any relevant case—
(a) in relation to which the Secretary of State made a reference under section 45 of EA 2002 (reference to the CMA in respect of a relevant merger situation) before the commencement date; or
Section 45 was amended by paragraph 9 of Schedule 16 to the Communications Act 2003; and paragraph 85 of Schedule 5 to the 2013 Act.
(b) in relation to which the Secretary of State made a reference under section 62 of EA 2002 (reference to the CMA in respect of a special merger situation) before the commencement date.
Section 62 was amended by paragraph 1 of Schedule 19 to the Communications Act 2003; and paragraph 104 of Schedule 5 to the 2013 Act.
(5) Section 26 of EA 2002 applies to this paragraph for the purpose of determining whether two or more enterprises cease to be distinct enterprises.
(6) In this paragraph—
“enterprise” has the meaning given in section 129 of EA 2002;
“relevant case” means—
(a) two or more enterprises ceasing to be distinct enterprises; or
(b) any arrangements in progress or in contemplation which, if carried into effect, might result in two or more enterprises ceasing to be distinct enterprises;
“the initial period” has the same meaning as in Part 3 of EA 2002.
See section 34ZA of that Act.