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2. Article 2(b) of the Merger Reference (Medicopharma NV and AAH Holdings plc) Order 1991 shall not apply where–
(a)goods had been supplied as specified in the said article 2(b) both by Medicopharma NV or a subsidiary thereof and by another person, and
(b)the custom being, or to be, solicited is the custom enjoyed or formerly enjoyed by that other person.
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