Part 3

Mergers
Chapter 1

Duty to make references

Determination of references

Time-limits for investigations and reports
39
1
The Commission shall prepare and publish its report under section 38 within the period of 24 weeks beginning with the date of the reference concerned.
2
Where article 9(6) of the European Merger Regulations applies in relation to the reference under section 22 or 33, the Commission shall prepare and publish its report under section 38—
a
within the period of 24 weeks beginning with the date of the reference; or
b
if it is a shorter period, within such period as is necessary to ensure compliance with that article.
3
The Commission may extend, by no more than 8 weeks, the period within which a report under section 38 is to be prepared and published if it considers that there are special reasons why the report cannot be prepared and published within that period.
4
The Commission may extend the period within which a report under section 38 is to be prepared and published if it considers that a relevant person has failed (whether with or without a reasonable excuse) to comply with any requirement of a notice under section 109.
5
In subsection (4) “relevant person” means—
a
any person carrying on any of the enterprises concerned;
b
any person who (whether alone or as a member of a group) owns or has control of any such person; or
c
any officer, employee or agent of any person mentioned in paragraph (a) or (b).
6
For the purposes of subsection (5) a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
7
An extension under subsection (3) or (4) shall come into force when published under section 107.
8
An extension under subsection (4) shall continue in force until—
a
the person concerned provides the information or documents to the satisfaction of the Commission or (as the case may be) appears as a witness in accordance with the requirements of the Commission; or
b
the Commission publishes its decision to cancel the extension.
9
References in this Part to the date of a reference shall be construed as references to the date specified in the reference as the date on which it is made.
10
This section is subject to section 40.