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Enterprise Act 2002

Section 146: Decision of Secretary of State

339.This section sets out how the Secretary of State will proceed on receipt of a report from the CC in a case raising any public interest consideration(s).

340.The Secretary of State will decide whether the CC’s remedies to the adverse effect on competition would affect any eligible public interest considerations. Subsections (3) and (4) ensure that the Secretary of State must make and publish this decision within 90 days of receipt of the CC’s report; otherwise, the report reverts to the CC allowing it to implement its preferred remedies.

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