(1) Omit section 71 of the 2002 Act (initial undertakings: completed mergers).
(2) Section 72 of that Act (initial enforcement orders: completed mergers) is amended as follows.
(3) For subsection (1) substitute -
"(1) Subsection (2) applies where -
(a) the CMA is considering whether to make a reference under section 22 or 33; and
(b) the CMA has reasonable grounds for suspecting that it is or may be the case that two or more enterprises have ceased to be distinct or that arrangements are in progress or in contemplation which, if carried into effect, will result in two or more enterprises ceasing to be distinct."
(4) Omit subsection (3).
(5) Before subsection (4) insert -
"(3A) Subsection (3B) applies where -
(a) subsection (1)(a) and (b) applies; and
(b) the CMA also has reasonable grounds for suspecting that pre-emptive action has or may have been taken.
(3B) The CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been
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