Part 3Mergers

Chapter 2Public interest cases

Other

56 Competition cases where intervention on public interest grounds ceases

(1)

Where the Secretary of State decides not to make a reference under section 45 on the ground that no public interest consideration to which he is able to have regard is relevant to a consideration of the relevant merger situation concerned, he shall by notice require the F1CMA to deal with the matter otherwise than under this Chapter.

(2)

Where a notice is given to the F1CMA in the circumstances mentioned in subsection (1), the F1CMA shall decide whether to make a reference under section 22 F2, 33, 68B or 68C; and any time-limits in relation to the Secretary of State’s decision whether to make a reference under section 45 (including any remaining powers of extension) shall apply in relation to the decision of the F1CMA whether to make a reference under section 22 F2, 33, 68B or 68C.

(3)

Where the F3CMA cancels under section 53(1) a reference under section 45 and F4its report under section 44 contains the decision that it is or may be the case that there is an anti-competitive outcome in relation to the relevant merger situation concerned, the F3CMA shall proceed under this Part as if a reference under section 22 or (as the case may be) 33 had been made F5....

(4)

In proceeding by virtue of subsection (3) to prepare and publish a report under section 38, the F6CMA shall proceed as if—

(a)

the reference under section 22 or 33 had been made at the same time as the reference under section 45;

(b)

the timetable for preparing and giving its report under section 50 (including any remaining powers of extension and as extended by an additional period of 20 F7working days) were the timetable for preparing and publishing its report under section 38; and

(c)

in relation to the question whether a relevant merger situation has been created or the question whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, the F6CMA were confined to the questions on the subject to be investigated by it under section 47.

F8(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Where the Secretary of State decides under section 54(2) to make no finding at all in the matter in connection with a reference under section 45(2) or (4), the F9CMA shall proceed under this Part as if a reference under section 22 or (as the case may be) 33 had been made F10... instead of a reference under section 45 and as if its report to the Secretary of State under section 50 had been prepared and published by it under section 38 within the period permitted by section 39.

(7)

In relation to proceedings by virtue of subsection (6), the reference in section 41(3) to decisions of the F11CMA as included in its report by virtue of section 35(3) or 36(2) shall be construed as a reference to decisions which were included in the report of the F11CMA by virtue of section 47(8).

(8)

Where the F12CMA becomes under a duty to proceed as mentioned in subsection (3) or (6)F13—

(a)

references in this Part to references under sections 22 and 33 shall, so far as may be necessary, be construed accordingly; and, in particular, sections 77 to 81 shall apply as if a reference has been made F14... under section 22 or (as the case may be) 33F15; and

(b)

for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.