[F14(1)In deciding, on a merger reference under section 32(a) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Director or any adverse effect which may be expected to result from the prejudice to the Director and, if so, what action should be taken, the [F2CMA] may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—U.K.
(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or
(b)the benefits which may be expected to accrue are substantially more important than the prejudice concerned.
(2)In deciding, on a merger reference under section 32(b) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Director or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Director and, if so, what action should be taken, the [F2CMA] may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—
(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or
(b)the benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.
(3)This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for other matters to which the [F2CMA] may or must have regard in deciding the questions as mentioned in sub-paragraph (1) or (2) above (including matters which are to take priority over the effect of action on relevant customer benefits).]
Textual Amendments
F1Sch. 4ZA inserted (29.12.2004) by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6; S.I. 2004/3233, art. 2, Sch. (with transititonal provisions and savings in arts. 3-5)
F2Word in Sch. 4ZA para. 4 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 93(5) (with art. 3)