Explanatory Notes

Enterprise Act 2002

2002 CHAPTER 40

7 November 2002

Commentary on Sections

Part 3: Mergers

Summary and Background

Chapter 4: Enforcement
Interim restrictions and powers
Section 78: Restrictions on certain share dealings: anticipated mergers

231.This section applies an automatic prohibition on the parties to an anticipated merger to prevent them from acquiring any further shares in one another without the consent of the CC. This provision brings in the equivalent prohibition in section 75(4A) FTA 1973.