Part 3

Mergers
Chapter 1

Duty to make references

Duty to make references: completed mergers

Supplementary provision for purposes of sections 25 and 31
32
1
The Secretary of State may make regulations for the purposes of sections 25 and 31.
2
The regulations may, in particular—
a
provide for the manner in which any information requested by the OFT under section 31 is authorised or required to be provided, and the time at which such information is to be treated as provided (including the time at which it is to be treated as provided to the satisfaction of the OFT for the purposes of section 25(3));
b
provide for the persons carrying on the enterprises which have or may have ceased to be distinct enterprises to be informed, in circumstances in which section 25(3) applies—
i
of the fact that the OFT is satisfied as to the provision of the information requested by it or (as the case may be) of the OFT’s decision to cancel the extension; and
ii
of the time at which the OFT is to be treated as so satisfied or (as the case may be) of the time at which the cancellation is to be treated as having effect;
c
provide for the persons carrying on the enterprises which have or may have ceased to be distinct enterprises to be informed, in circumstances in which section 25(5) applies—
i
of the OFT’s decision to cancel the extension; and
ii
of the time at which the cancellation is to be treated as having effect;
d
provide for the time at which any notice under section 25(4), (5)(b), (6) or (8) is to be treated as received;
e
provide that a person is, or is not, to be treated, in such circumstances as may be specified in the regulations, as acting on behalf of a person carrying on an enterprise which has or may have ceased to be a distinct enterprise.
3
A notice under section 25(2)—
a
shall be given within 5 days of the end of the period within which the information is to be provided and which is stated in the notice under section 31; and
b
shall inform the person to whom it is addressed of—
i
the OFT’s opinion as mentioned in section 25(2); and
ii
the OFT’s intention to extend the period for considering whether to make a reference.
4
In determining for the purposes of section 25(1) or (5)(b) or subsection (3)(a) above any period which is expressed in the enactment concerned as a period of days or number of days no account shall be taken of—
a
Saturday, Sunday, Good Friday and Christmas Day; and
b
any day which is a bank holiday in England and Wales.