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The Monopolies and Mergers Commission (Performance of Functions) Order 1989

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2.—(1) Paragraph 10 in Part II of Schedule 3 to the Fair Trading Act 1973(1) shall be modified to the extent specified in paragraphs (2) and (3) below.

(2) For the word “five” wherever it occurs in sub-paragraph (1) of paragraph 10 there shall be substituted the word “three”.

(3) After sub-paragraph (1) of paragraph 10, there shall be inserted the following sub-paragraph:–

“(1A) Where no direction has been made under sub-paragraph (1) hereof with respect to the investigation on a merger reference the chairman of the Commission may perform the functions of the Commission under section 75(5) of this Act in relation to that reference and anything done by or in relation to the chairman in, or in connection with, the performance of those functions shall have the same effect as if it had been done by or in relation to the Commission.”

(1)

1973 c. 41; paragraph 10 in Part II was amended by S.I. 1982/1889; Part II was applied by section 7(6) of the Competition Act 1980, section 44(3) of the Airports Act 1986 and section 24(7) of the Gas Act 1986.

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