SCHEDULES
SCHEDULE 1Exclusions: Mergers and Concentrations
Part IMergers
Enterprises ceasing to be distinct: the Chapter I prohibition
1
1
To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of Part V of the [1973 c. 41.] Fair Trading Act 1973 (“the 1973 Act”), the Chapter I prohibition does not apply to the agreement.
2
The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions.
3
In sub-paragraph (2) “merger provisions” means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1).
4
Section 65 of the 1973 Act applies for the purposes of this paragraph as if—
a
in subsection (3) (circumstances in which a person or group of persons may be treated as having control of an enterprise), and
b
in subsection (4) (circumstances in which a person or group of persons may be treated as bringing an enterprise under their control),
for “may” there were substituted “must”.