SCHEDULE 4Saving and transitional provision
PART 7Enterprise Act 2002 F1and other merger control legislation
Article 22 cases referred to but not decided by the European Commission before F2IP completion dayI120
1
This paragraph applies in a case in which immediately before F3IP completion day the CMA—
a
has given a notice under section 25(6) of the 2002 Act to persons carrying on enterprises which have or may have ceased to be distinct extending the four month period mentioned in section 24(1)(a) or (2)(b) of that Act M1 following a request made to the European Commission by the United Kingdom under Article 22(1) of the EC Merger Regulation, but
b
has not given a notice under section 25(8) of that Act ending that extension.
2
Subsections (6) to (8) of section 25 of the 2002 Act continue to have effect in relation to the extension under section 25(6) of that Act, despite their repeal by regulation 35(a).
3
Section 25(10) of that Act continues to have effect in relation to that extension without the modification made by regulation 35(b).
4
If, immediately before F4IP completion day, the European Commission has not completed its consideration of the request of the United Kingdom, section 25(8) of that Act, as it continues to have effect by virtue of this paragraph, has effect as if for “of the completion by the European Commission of its consideration of” there were substituted “
that the EC Merger Regulation has ceased to apply to
”
.
Words in Sch. 4 Pt. 7 heading inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 42