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

Intervention to protect legitimate interests: European intervention notice before exit day

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

(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

(c) the EU merger decision has not been taken in relation to the concentration concerned.

(2) On and after exit 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 subject to paragraphs 29 to 33.

(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.