Part 1

Digital Markets
Chapter 5

Mergers

Application of the duty to report etc
61
1
Two or more persons may comply with the duty in section 57(1) by making a joint report to the CMA.
2
For the purposes of this Chapter, where a designated undertaking is part of a group—
a
anything which a member of a group does or fails to do is to be treated as being done or not done by each member of the group;
b
each member of a group is to be treated as providing the combined consideration provided by all members of the group;
c
each member of a group is to be treated as holding the combined interests or rights of all members of the group.
3
Schedule 2 makes further provision about cases in which a person is to be treated for the purposes of this Chapter as holding an interest or right.
4
The duty to make a report under section 57(1) does not apply—
a
in relation to a reportable event which does not differ in any material respect from an event which has already been reported under section 57(1);
b
in relation to a reportable event so far as it consists of “notified arrangements” within the meaning of section 96(6) of EA 2002;
c
in relation to a reportable event so far as the CMA has informed P that it has begun an investigation for the purposes of deciding whether it has to make a reference under section 33 of EA 2002 (duty to make references in relation to anticipated mergers) in relation to a matter that does not differ in any material respect from the reportable event;
d
in relation to a reportable event so far as the Secretary of State has given the CMA an intervention notice under section 42 of EA 2002 (intervention by the Secretary of State in certain public interest cases) in relation to a relevant merger situation that does not differ in any material respect from the reportable event;
e
in relation to a reportable event so far as the Secretary of State has given the CMA a special intervention notice under section 59 of EA 2002 (intervention by the Secretary of State in special public interest cases) in relation to a special merger situation that does not differ in any material respect from the reportable event.
5
This Chapter does not require any steps to be taken in relation to an event where, after it has been reported to the CMA—
a
the Secretary of State gives the CMA an intervention notice under section 42 of EA 2002 in relation to a relevant merger situation that does not differ in any material respect from the event;
b
the Secretary of State gives the CMA a special intervention notice under section 59 of EA 2002 in relation to a special merger situation that does not differ in any material respect from the event;
c
the CMA makes an initial enforcement order under section 72 of EA 2002 imposing obligations, prohibitions or restrictions in relation to the event;
d
the undertaking to which the event relates ceases to be a designated undertaking.
S. 61 not in force at Royal Assent, see s. 339(1)
S. 61 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)