Enterprise Act 2002

[F1 Cases referred by European Commission under the EC Merger Regulation E+W+S+N.I.

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Amendments (Textual)

F1 Ss. 46A-46C and cross-heading inserted (1.5.2004) by The EC Merger Control (Consequential Amendments) Regulations 2004 (S.I. 2004/1079), reg. 2, Sch. para. 2(15)

46A Cases referred by the European Commission where intervention notice is in force E+W+S+N.I.

 

(1) Subsection (2) applies if the European Commission has by a decision referred the whole or part of a case to the OFT under Article 4(4) or 9 of the EC Merger Regulation, or is deemed to have taken such a decision, and an intervention notice is in force in relation to that case.

(2) Before the end of the preliminary assessment period, the Secretary of State shall—

(a) decide whether to make a reference to the Commission under section 45; and

(b) inform the persons carrying on the enterprises concerned by notice of that decision and of the reasons for it.

(3) The Secretary of State may, for the purposes of subsection (2), decide not to make a reference on the basis that he is considering whether to seek or accept undertakings under paragraph 3 of Schedule 7 instead of making a reference; but a decision taken on that basis does not prevent the Secretary of State from making a reference under section 45 in the event of no such undertakings being offered or accepted.

(4) In this section—

• “the preliminary assessment period” means, subject to section 46B, the period of 45 working days beginning with the day after the day on which the decision of the European Commission to refer the case is taken (or is deemed to have been taken); and

• “working day” means any day which is not—

  (a)

  a Saturday;

  (b)

  a Sunday; or

  (c)

  a day which is a European Commission holiday (as published in the Official Journal of the European Communities before the beginning of the year in which it occurs).

46B Extension of preliminary assessment period E+W+S+N.I.

 

(1) If the OFT has imposed a requirement under section 46C and it considers that the person on whom that requirement was imposed has failed to comply with it, the OFT may, by notice to the persons carrying on the enterprises concerned, extend the preliminary assessment period.

(2) If the Secretary of State has imposed a requirement under section 46C and he considers that the person on whom that requirement was imposed has failed to comply with it, he may, by notice to the persons carrying on the enterprises concerned, extend the preliminary assessment period.

(3) The period of an extension under this section shall—

(a) begin with the end of the period within which the requirement under section 46C could be complied with; and

(b) end with—

(i) in the case of a notice under subsection (1), the earlier of either compliance with the requirement to the satisfaction of the OFT or cancellation by the OFT of the extension.

(ii) in the case of a notice under subsection (2), the earlier of either compliance with the requirement to the satisfaction of the Secretary of State or cancellation by him of the extension.

(4) A notice under this section shall—

(a) be given within 5 working days of the end of the period mentioned in subsection (3)(a); and

(b) inform the person to whom it is addressed—

(i) in the case of a notice under subsection (1), that the OFT is of the opinion mentioned in that subsection and that it intends to extend the preliminary assessment period.

(ii) in the case of a notice under subsection (2), that the Secretary of State is of the opinion mentioned in that subsection and that he intends to extend the preliminary assessment period.

46C Power to request information in referred cases E+W+S+N.I.

 

(1) In a case mentioned in section 46A(1), the OFT may by notice to any of the persons carrying on the enterprises concerned request him to provide the OFT with such information as the OFT may require for the purpose of enabling the Secretary of State to make a decision for the purposes of section 46A(2).

(2) In such a case, the Secretary of State may by notice to any of the persons carrying on the enterprises concerned request him to provide the Secretary of State with such information as he may require for the purpose of enabling him to make a decision for the purposes of section 46A(2).

(3) A notice under subsection (1) or (2) shall state—

(a) the information required;

(b) the period within which the information is to be provided; and

(c) the manner (if any) in which the information is required to be provided; and

(d) the possible consequences—

(i) of not providing the information within the stated period; and

(ii) if a manner for its provision is stated in the notice, of not providing it in that manner.]