SCHEDULE 4Saving and transitional provision

PART 7Enterprise Act 2002 F1and other merger control legislation

Annotations:
Amendments (Textual)
F1

Words in Sch. 4 Pt. 7 heading inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 42

Cases referred by the European Commission to the CMA F2...I124

1

This paragraph applies F3if—

a

the European Commission has by a decision referred the whole or part of a case to the CMA under Article 4(4) or 9 of the EC Merger Regulation, or is deemed to have taken such a decision; and

b

F4in a case in which the decision to refer was taken, or is deemed to have been taken, before IP completion day, the preliminary assessment period in relation to the case has not ended.

2

In relation to the case—

a

sections 34A, 46A, 46B and 122(3) to (5) of the 2002 Act continue to have effect despite their repeal by Part 3 of these Regulations, and

b

sections 34ZA, 73A, 107 and 110B continue to have effect without the modifications made by regulations 38, 48, 50 and 51.

3

References to the EC Merger Regulation in any provision which continues to have effect by virtue of sub-paragraph (2) have the meaning given by paragraph 18.

4

In sub-paragraph (1), “the preliminary assessment period” has the meaning given by—

a

section 46A(4) of the 2002 Act, in any case where an intervention notice (as defined in section 42(2) of the 2002 Act) is in force; and

b

section 34A(4) of that Act, in any other case.