Enterprise Act 2002

Commentary on Sections

Part 3: Mergers

Summary and Background

Chapter 2: Public interest cases

Reports on references

Section 50: Investigations and reports on references under section 45

168.This section provides that the CC will prepare a report for the Secretary of State on any reference made to it under section 45.

169.Subsection (1) provides that the CC will have the same deadline for producing a report for the Secretary of State on a case raising a public interest concern as it would have to produce and publish its report on a competition-only case (i.e. within 24 weeks).

170.Subsections (2) and (3) provide for the CC to give a general report on the subject of the merger and to report on whether there was either a completed or anticipated merger. If so, the CC would report on whether the transaction could be expected to operate against the public interest, and (where the reference has been made on competition and public interest grounds) whether the transaction could be expected to result in a substantial lessening of competition. If either or both of these findings were adverse, the report should also contain advice on how to remedy, prevent or mitigate identified adverse effects. The CC will have to give reasons for its conclusions.