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Enterprise Act 2002

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This is the original version (as it was originally enacted).

99Certain functions of OFT and Secretary of State in relation to merger notices
This section has no associated Explanatory Notes

(1)The OFT shall, so far as practicable and when the period for considering any merger notice begins, take such action as the OFT considers appropriate to bring—

(a)the existence of the proposal;

(b)the fact that the merger notice has been given; and

(c)the date on which the period for considering the notice may expire;

to the attention of those whom the OFT considers would be affected if the arrangements were carried into effect.

(2)The OFT may by notice to the person who gave the merger notice request him to provide the OFT with such information as the OFT or (as the case may be) the Secretary of State may require for the purpose of carrying out its or (as the case may be) his functions in relation to the merger notice.

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

(a)the information required;

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

(c)the possible consequences of not providing the information within the stated period and in the authorised or required manner.

(4)A notice by the OFT under subsection (2) shall be given, before the end of the period for considering the merger notice, to the person who gave the merger notice.

(5)The OFT may, at any time before the end of the period for considering any merger notice, reject the notice if—

(a)the OFT suspects that any information given in respect of the notified arrangements (whether in the merger notice or otherwise) by the person who gave the notice or any connected person is in any material respect false or misleading;

(b)the OFT suspects that it is not proposed to carry the notified arrangements into effect;

(c)any prescribed information is not given in the merger notice or any information requested by notice under subsection (2) is not provided as required; or

(d)the OFT considers that the notified arrangements are, or if carried into effect would result in, a concentration with a Community dimension within the meaning of the European Merger Regulations.

(6)In this section and section 100 “connected person”, in relation to the person who gave a merger notice, means—

(a)any person who, for the purposes of section 127, is associated with him; or

(b)any subsidiary of the person who gave the merger notice or of any person so associated with him.

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