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The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

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Competition Act 1998 (c. 41)

15.—(1) In Schedule 1 to the Competition Act 1988 (exclusions: mergers and concentrations)—

(a)the reference in paragraph 5(a) and (b) to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

(b)the reference in paragraph 5(b) to a special merger situation shall have effect as if it included a reference to a European relevant merger situation.

(2) In Schedule 7 to the Competition Act 1998 (the Competition Commission)—

(a)the reference in paragraph 15(8) to section 64(1) of the Enterprise Act 2002 shall have effect as if it included a reference to article 7(1) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(b)in paragraph 19A(9) the reference in the definition of “merger reference group” to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(c)the reference in paragraph 20(4) to Part 3 of the Enterprise Act 2002 shall have effect as if it included a reference to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

(d)the reference in paragraph 20(4)(a) and (b) to—

(i)section 63 of that Act shall have effect as if it included a reference to article 6 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

(ii)a special merger situation shall have effect as if it included a reference to a European relevant merger situation; and

(e)the reference in paragraph 20(4)(a) to special public interest merger references shall have effect as if it included a reference to European public interest merger references.

(3) In Schedule 7A to the Competition Act 1998 (the Competition Commission: procedural rules for mergers and market references etc) in paragraph 1 the reference in the definition of “merger investigation” to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

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