The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

Undertakings in lieu of reference under article 5

4—(1) The Secretary of State shall not make a reference under article 5 in relation to the creation of a European relevant merger situation if—

(a) the Secretary of State has accepted an undertaking or group of undertakings under paragraph 3; and

(b) the European relevant merger situation is the situation by reference to which the undertaking or group of undertakings was accepted.

(2) Sub-paragraph (1) does not prevent the making of a reference if material facts about relevant arrangements or transactions, or relevant proposed arrangements or transactions, were not notified (whether in writing or otherwise) to the Secretary of State or the OFT or made public before any undertaking concerned was accepted.

(3) For the purposes of sub-paragraph (2) arrangements or transactions, or proposed arrangements or transactions, are relevant if they are the ones in consequence of which the enterprises concerned ceased or may have ceased, or may cease, to be distinct enterprises.

(4) In sub-paragraph (2) “made public” means so publicised as to be generally known or readily ascertainable.