the Secretary of State, in exercise of powers conferred on him by sections 64 and 69(2) of the Fair Trading Act 1973(1), on 21st November 1991 referred to the Monopolies and Mergers Commission for investigation and report the matter of enterprises of Medicopharma NV and enterprises of AAH Holdings plc ceasing to be distinct enterprises; and

the Secretary of State was of the opinion that the doing of the things mentioned in article 2 of the Merger Reference (Medicopharma NV and AAH Holdings plc) Order 1991(2), or the doing of anything in contravention of article 3 of that Order, would constitute action which might prejudice the reference or impede the taking of action under the said Act which might be warranted by the Commission’s report on the reference; but

the Secretary of State is now of the opinion that the doing of the things mentioned in article 2(b) of the said Order would not constitute such action in the circumstances described in article 2 of this Order:

Now, therefore, the Secretary of State, in exercise of powers conferred on him by sections 74(1)(a) and (b) and 134(2) of the said Act, hereby orders as follows: