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SCHEDULE 4U.K.Saving and transitional provision

PART 7U.K.Enterprise Act 2002 [F1and other merger control legislation]

Textual Amendments

F1Words 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

28.—(1) This paragraph applies in a case in which immediately before [F2IP completion day]U.K.

(a)the Secretary of State has given a notice to the CMA under section 67(2) of the 2002 Act in relation to a European relevant merger situation;

(b)the matter to which the notice relates has not been finally determined in accordance with article 3 of the 2003 Order; and

[F3(c)proceedings under the EC Merger Regulation in relation to the concentration concerned have not been initiated for the purposes of Article 92 of the EU withdrawal agreement.]

(2) On and after [F4IP completion day]

(a)the notice under section 67(2) of the 2002 Act has effect as if it were a notice under section 42(2) of that Act, and

(b)Part 3 of the 2002 Act has effect in relation to the case F5....

(3) In sub-paragraph (2), the reference to Part 3 of the 2002 Act—

(a)includes provision made under that Part; and

(b)is a reference to that Part and provision made under it as modified by these Regulations.

Textual Amendments

F2Words in Sch. 4 para. 28(1) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(2)(a)

F3Sch. 4 para. 28(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(2)(b)

F4Words in Sch. 4 para. 28(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(3)(a)

F5Words in Sch. 4 para. 28(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 55(3)(b)

Commencement Information

I1Sch. 4 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)