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Enterprise Act 2002
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62Power of Secretary of State to refer the matter
This section has no associated Explanatory Notes
(1)Subsection (2) applies where the Secretary of State—
(a)has given a special intervention notice in relation to a special merger situation; and
(b)has received a report of the OFT under section 61 in relation to the matter.
(2)The Secretary of State may make a reference to the Commission if he believes that it is or may be the case that—
(a)a special merger situation has been created;
(b)one or more than one consideration mentioned in the special intervention notice is relevant to a consideration of the special merger situation concerned; and
(c)taking account only of the relevant consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest.
(3)The Secretary of State may make a reference to the Commission if he believes that it is or may be the case that—
(a)arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation;
(b)one or more than one consideration mentioned in the special intervention notice is relevant to a consideration of the special merger situation concerned; and
(c)taking account only of the relevant consideration or considerations concerned, the creation of that situation may be expected to operate against the public interest.
(4)No reference shall be made under this section if the making of the reference is prevented by section 69(1) or paragraph 4 of Schedule 7.
(5)The Secretary of State, in deciding whether to make a reference under this section, shall accept the decision of the OFT included in its report under section 61 by virtue of subsection (4) of that section.
(6)A reference under this section shall, in particular, specify—
(a)the subsection of this section under which it is made;
(b)the date on which it is made; and
(c)the consideration or considerations mentioned in the special intervention notice which the Secretary of State believes are, or may be, relevant to a consideration of the special merger situation concerned.
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