Explanatory Notes

Enterprise Act 2002

2002 CHAPTER 40

7 November 2002

Commentary on Sections

Part 3: Mergers

Summary and Background

Chapter 5: Supplementary
Merger notices
Sections 97 and 98: Period for considering merger notices & Section 97: supplementary

256.These sections provide for the time-periods in which a reference can be made under a notice. On receipt of a merger notice, the OFT has 20 working days, with a possibility of extending that to 30 workings days, to decide whether to refer. This reduces the FTA 1973 merger notice timetable by 5 days.

257.If an intervention notice has been served, the time-period can be extended to a maximum of 40 working days.

258.There are also circumstances in which a merger notice timetable can be extended further: