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Enterprise and Regulatory Reform Act 2013

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56(1)This paragraph applies for the purposes of Part 3 of the Enterprise Act 2002.U.K.

(2)Where a decision of a CMA group under section 35(1) or 36(1) of that Act that there is an anti-competitive outcome is not a qualifying majority decision, it is to be treated as a decision under that section that there is not an anti-competitive outcome.

(3)Where a decision of a CMA group under section 47 of that Act is not a qualifying majority decision—

(a)in the case of a decision that a relevant merger situation has been created, it is to be treated as a decision under section 47 that no such situation has been created;

(b)in the case of a decision that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

(c)in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, it is to be treated as a decision under section 47 that no such arrangements are in progress or in contemplation;

(d)in the case of a decision that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods and services, it is to be treated as a decision under section 47 that the creation of that situation may be expected not to result in such a substantial lessening of competition.

(4)Where a decision of a CMA group under section 63 of that Act is not a qualifying majority decision—

(a)in the case of a decision that a special merger situation has been created, it is to be treated as a decision under section 63 that no such situation has been created;

(b)in the case of a decision that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation, it is to be treated as a decision under section 63 that no such arrangements are in progress or in contemplation.

(5)Expressions used in this paragraph are to be construed in accordance with Part 3 of the Enterprise Act 2002.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 4 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

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