The Competition (Amendment etc.) (EU Exit) Regulations 2019

Intervention to protect legitimate interests: no European intervention notice before exit day

25.—(1) This paragraph applies in a case in which immediately before exit day—

(a) a concentration has been examined by the European Commission under the EC Merger Regulation and the EU merger decision has been taken in relation to the concentration;

(b) the conditions specified in section 67(1) of the 2002 Act are met in relation to the concentration concerned; and

(c) the Secretary of State has not made a decision to give an intervention notice under subsection (2) of that section.

(2) The old legitimate interests law continues to have effect on and after exit day in relation to the concentration concerned except that the conditions in section 67(1) are treated as being met on and after exit day.

(3) In this paragraph “the old legitimate interests law” means—

(a) sections 67 and 68 of the 2002 Act;

(b) the Enterprise Act 2002 (Anticipated Mergers) Order 2003(1) without the modification made by paragraph 6(2) of Schedule 2 to these Regulations; and

(c) the 2003 Order.

(1)

S.I. 2003/1595, to which there is an amendment not relevant to these Regulations.