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Enterprise Act 2002

Section 148: Reversion of the matter to the Commission

343.This section sets out that the CC should act where the Secretary of State either fails to make a decision on whether public interest considerations are affected, or decides that no public interest considerations are relevant. The CC will publish its report (and give a copy to relevant bodies) and will be under a duty to implement its preferred remedies as set out in that report.

344.Where the case has reverted to the CC to implement its preferred remedies under this section, subsections (7)–(10) provide that the CC must obtain the Secretary of State’s agreement if it proposes to depart materially from the course of action set out in its report. However, the Secretary of State can only withhold her agreement if she believes that the CC’s new proposed course of action would adversely affect the public interest. She may have regard only to the competition concerns identified by the CC and any relevant public interest considerations.

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