Enterprise Act 2002

96 Merger notices E+W+S+N.I.

(1) A person authorised to do so by regulations under section 101 may give notice to the OFT of proposed arrangements which might result in the creation of a relevant merger situation.

(2) Any such notice (in this Part a “merger notice”)—

(a) shall be in the prescribed form; and

(b) shall state that the existence of the proposal has been made public.

(3) No reference shall be made under section 22, 33 or 45 in relation to—

(a) arrangements of which notice is given under subsection (1) above or arrangements which do not differ from them in any material respect; or

(b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect;

if the period for considering the merger notice has expired without a reference being made under that section in relation to those arrangements.

(4) Subsection (3) is subject to section 100.

(5) In this section and sections 99(5)(c) and 100(1)(c) “prescribed” means prescribed by the OFT by notice having effect for the time being and published in the London, Edinburgh and Belfast Gazettes.

(6) In this Part “notified arrangements” means arrangements of which notice is given under subsection (1) above or arrangements not differing from them in any material respect.