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Enterprise Act 2002

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This is the original version (as it was originally enacted).

147Remedial action by Secretary of State
This section has no associated Explanatory Notes

(1)Subsection (2) applies where the Secretary of State—

(a)has decided under subsection (2) of section 146 within the period required by subsection (3) of that section that an eligible public interest consideration is relevant as mentioned in subsection (2) of that section or eligible public interest considerations are so relevant; and

(b)has published his decision within the period required by subsection (3) of that section.

(2)The Secretary of State may, in relation to any adverse effect on competition identified in the report concerned, take such action under section 159 or 161 as he considers to be—

(a)reasonable and practicable—

(i)to remedy, mitigate or prevent the adverse effect on competition concerned; or

(ii)to remedy, mitigate or prevent any detrimental effect on customers so far as it has resulted from, or may be expected to result from, the adverse effect on competition; and

(b)appropriate in the light of the eligible public interest consideration concerned or (as the case may be) the eligible public interest considerations concerned.

(3)In making a decision under subsection (2), the Secretary of State shall, in particular, have regard to—

(a)the need to achieve as comprehensive a solution as is reasonable and practicable to the adverse effect on competition concerned and any detrimental effects on customers so far as resulting from the adverse effect on competition; and

(b)the report of the Commission under section 142.

(4)In having regard by virtue of subsection (3) to the report of the Commission under section 142, the Secretary of State shall not challenge the decision of the Commission contained in the report that there is one or more than one adverse effect on competition.

(5)In making a decision under subsection (2), the Secretary of State may, in particular, have regard to the effect of any action on any relevant customer benefits of the feature or features of the market concerned.

(6)The Secretary of State shall take no action under subsection (2) to remedy, mitigate or prevent any detrimental effect on customers so far as it may be expected to result from the adverse effect on competition concerned if—

(a)no detrimental effect on customers has resulted from the adverse effect on competition; and

(b)the adverse effect on competition is not being remedied, mitigated or prevented.

(7)In this section “eligible public interest consideration” has the same meaning as in section 146.

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