Enterprise Act 2002

[F1 34ZF Acceptance by the CMA of fast-track reference requests U.K.

(1) The CMA may accept a fast-track reference request only if the condition in subsection (2) or (3) is met.

(2) The condition in this subsection is that, in relation to the arrangements concerned—

(a) the CMA believes that it is or may be the case that a relevant merger situation has been created, and

(b) the CMA would not be prevented from making a reference under section 22(1) by reason of section 22(3).

(3) The condition in this subsection is that, in relation to the arrangements concerned—

(a) the CMA believes that it is or may be the case that, if carried into effect, the arrangements will result in the creation of a relevant merger situation, and

(b) the CMA would not be prevented from making a reference under section 33(1) by reason of section 33(3).

(4) In deciding whether to accept a fast-track reference request under subsection (2) or (3), the CMA must have regard, in particular, to—

(a) whether the arrangements concerned raise any consideration specified in section 58;

(b) whether a special intervention notice (see section 59(2)) is in force in relation to the arrangements.

(5) Where the CMA decides to accept a fast-track reference request the duties to make references under sections 22(1) and 33(1) do not apply, and accordingly the CMA may not make any reference under those provisions in respect of the arrangements concerned (but see the duties under sections 22(1A) and 33(1A)).]

Textual Amendments

F1 Ss. 34ZD-34ZF inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 5 para. 7; S.I. 2024/1226, regs. 1(2), 2(1)(11) (with Sch. paras. 5(2), 20)