Enterprise Act 2002

41 Duty to remedy effects of completed or anticipated mergersU.K.

(1)Subsection (2) applies where a report of the [F1CMA] has been prepared and published under section 38 within the period permitted by section 39 and contains the decision that there is an anti-competitive outcome.

(2)The [F1CMA] shall take such action under section 82 or 84 as it considers to be reasonable and practicable—

(a)to remedy, mitigate or prevent the substantial lessening of competition concerned; and

(b)to remedy, mitigate or prevent any adverse effects which have resulted from, or may be expected to result from, the substantial lessening of competition.

(3)The decision of the [F1CMA] under subsection (2) shall be consistent with its decisions as included in its report by virtue of section 35(3) or (as the case may be) 36(2) unless there has been a material change of circumstances since the preparation of the report or the [F1CMA] otherwise has a special reason for deciding differently.

(4)In making a decision under subsection (2), the [F1CMA] shall, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the substantial lessening of competition and any adverse effects resulting from it.

(5)In making a decision under subsection (2), the [F1CMA] may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the creation of the relevant merger situation concerned.