http://www.legislation.gov.uk/ukpga/2002/40/section/105/enactedEnterprise Act 2002Fair tradingKing's Printer of Acts of Parliament2021-08-03 Part 3MergersChapter 5SupplementaryInformation and publicity requirementsGeneral information duties of OFT and Commission 105 1 Where the OFT decides to investigate a matter so as to enable it to decide whether to make a reference under section 22 or 33, or so as to make a report under section 44 or 61, it shall, so far as practicable, take such action as it considers appropriate to bring information about the investigation to the attention of those whom it considers might be affected by the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned. 2 Subsection (1) does not apply in relation to arrangements which might result in the creation of a relevant merger situation if a merger notice has been given in relation to those arrangements under section 96. 3 The OFT shall give the Commission— a such information in its possession as the Commission may reasonably require to enable the Commission to carry out its functions under this Part; and b any other assistance which the Commission may reasonably require for the purpose of assisting it in carrying out its functions under this Part and which it is within the power of the OFT to give. 4 The OFT shall give the Commission any information in its possession which has not been requested by the Commission but which, in the opinion of the OFT, would be appropriate to give to the Commission for the purpose of assisting it in carrying out its functions under this Part. 5 The OFT and the Commission shall give the Secretary of State— a such information in their possession as the Secretary of State may by direction reasonably require to enable him to carry out his functions under this Part; and b any other assistance which the Secretary of State may by direction reasonably require for the purpose of assisting him in carrying out his functions under this Part and which it is within the power of the OFT or (as the case may be) the Commission to give. 6 The OFT shall give the Secretary of State any information in its possession which has not been requested by the Secretary of State but which, in the opinion of the OFT, would be appropriate to give to the Secretary of State for the purpose of assisting him in carrying out his functions under this Part. 7 The Commission shall have regard to any information given to it under subsection (3) or (4); and the Secretary of State shall have regard to any information given to him under subsection (5) or (6). 8 Any direction given under subsection (5)— a shall be in writing; and b may be varied or revoked by a subsequent direction.