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Chapter 1 Duty to make references (ss. 22-41B) |
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Duty to make references: completed mergers (ss. 22-32) |
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22. Duty to make references in relation to completed mergers |
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23. Relevant merger situations |
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23A. Relevant enterprises |
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24. Time-limits and prior notice |
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25. Extension of time-limits |
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26. Enterprises ceasing to be distinct enterprises |
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27. Time when enterprises cease to be distinct |
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28. Turnover test |
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29. Obtaining control by stages |
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30. Relevant customer benefits |
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31. Information powers in relation to completed mergers |
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32. Supplementary provision for purposes of section 25 |
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Duty to make references: anticipated mergers (ss. 33-34) |
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33. Duty to make references in relation to anticipated mergers |
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34. Supplementary provision in relation to anticipated mergers |
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Supplementary provision: time-limits for decisions about references (ss. 34ZA-34ZF) |
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34ZA. Time-limits for decisions about references |
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34ZB. Extension of time-limits |
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34ZC. Sections 34ZA and 34ZB: supplementary |
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34ZD. Fast-track reference requests |
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34ZE. Fast-track reference requests: procedure |
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34ZF. Acceptance by the CMA of fast-track reference requests |
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Cases referred by European Commission under EC Merger Regulation (ss. 34A-34B) |
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34A. Duty of CMA where case referred by the European Commission |
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34B. Power to request information in referred cases |
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Determination of references (ss. 35-41B) |
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34C. Functions to be exercised by CMA groups |
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35. Questions to be decided in relation to completed mergers |
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36. Questions to be decided in relation to anticipated mergers |
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37. Cancellation and variation of references under section 22 or 33 |
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38. Investigations and reports on references under section 22 or 33 |
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39. Time-limits for investigations and reports |
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40. Section 39: supplementary |
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41. Duty to remedy effects of completed or anticipated mergers |
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41A. Time-limit for discharging duty under section 41 |
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41B. Section 41A: supplementary |
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Chapter 2 Public interest cases (ss. 42-58A) |
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Power to make references (ss. 42-46) |
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42. Intervention by Secretary of State in certain public interest cases |
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43. Intervention notices under section 42 |
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44. Investigation and report by CMA |
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44A. Additional investigation and report by OFCOM: media mergers |
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45. Power of Secretary of State to refer matter to CMA |
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46. References under section 45: supplementary |
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Cases referred by European Commission under the EC Merger Regulation (ss. 46A-46C) |
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46A. Cases referred by the European Commission where intervention notice is in force |
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46B. Extension of preliminary assessment period |
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46C. Power to request information in referred cases |
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Reports on references (ss. 46D-53) |
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46D. Functions to be exercised by CMA groups |
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47. Questions to be decided on references under section 45 |
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48. Cases where references or certain questions need not be decided |
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49. Variation of references under section 45 |
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50. Investigations and reports on references under section 45 |
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51. Time-limits for investigations and reports by CMA |
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52. Section 51: supplementary |
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53. Restrictions on action where public interest considerations not finalised |
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Decisions of the Secretary of State (ss. 54-55) |
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54. Decision of Secretary of State in public interest cases |
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55. Enforcement action by Secretary of State |
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Other (ss. 56-58A) |
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56. Competition cases where intervention on public interest grounds ceases |
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57. Duties of CMA and OFCOM to inform Secretary of State |
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58. Specified considerations |
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58A. Construction of consideration specified in section 58(2C) |
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Chapter 3 Other special cases (ss. 59-70) |
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Special public interest cases (ss. 59-66) |
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59. Intervention by Secretary of State in special public interest cases |
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59A. Construction of conditions in section 59(3C) and (3D) |
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60. Special intervention notices under section 59 |
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61. Initial investigation and report by CMA |
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61A. Additional investigation and report by OFCOM: certain media mergers |
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62. Power of Secretary of State to refer the matter |
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62A. Functions to be exercised by CMA groups |
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63. Questions to be decided on references under section 62 |
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64. Cancellation and variation of references under section 62 |
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65. Investigations and reports on references under section 62 |
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66. Decision and enforcement action by Secretary of State |
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European mergers (ss. 67-68) |
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67. Intervention to protect legitimate interests |
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68. Scheme for protecting legitimate interests |
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Mergers of energy network enterprises in Great Britain (ss. 68A-68F) |
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68A. Relevant merger situations involving energy network mergers |
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68B. Further duty to make references in relation to completed mergers |
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68C. Further duty to make references in relation to anticipated mergers |
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68D. Opinion of the Gas and Electricity Markets Authority |
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68E. Combined references |
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68F. Modification of this Part |
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Other (69-70) |
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69. Newspaper mergers |
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70. Water mergers |
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Chapter 3A Mergers involving newspaper enterprises and foreign powers (ss. 70A-70G) |
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70A. Intervention by the Secretary of State |
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70B. Investigation and report by the CMA |
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70C. Intervention to prevent foreign control of a newspaper enterprise |
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70D. Other powers under this Part |
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70E. Meaning of "foreign power" |
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70F. Other interpretation |
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70G. Regulations |
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Chapter 4 Enforcement (ss. 71-95A) |
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Powers exercisable before references under section 22, 33, 68B or 68C (ss. 71-76) |
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71. Initial undertakings: completed mergers |
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72. Initial enforcement orders: completed or anticipated mergers |
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73. Undertakings in lieu of references under section 22(1), 33(1), 68B or 68C |
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73A. Time-limits for consideration of undertakings |
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73B. Section 73A: supplementary |
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74. Effect of undertakings under section 73 |
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75. Order-making power where undertakings under section 73 not fulfilled etc. |
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76. Supplementary interim order-making power |
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Interim restrictions and powers (ss. 77-81) |
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77. Restrictions on certain dealings: completed mergers |
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78. Restrictions on certain share dealings: anticipated mergers |
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79. Sections 77 and 78: further interpretation provisions |
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80. Interim undertakings |
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81. Interim orders |
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Final powers (ss. 82-84) |
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82. Final undertakings |
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83. Order-making power where final undertakings not fulfilled |
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84. Final orders |
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Public interest and special public interest cases (s. 85) |
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85. Enforcement regime for public interest and special public interest cases |
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Undertakings and orders: general provisions (ss. 86-91) |
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86. Enforcement orders: general provisions |
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87. Delegated power of directions |
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88. Contents of certain enforcement orders |
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89. Acceptance and subject-matter of undertakings |
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90. Procedural requirements for certain undertakings and orders |
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91. Register of undertakings and orders |
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Enforcement functions of CMA (ss. 92-93) |
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92. Duty of CMA to monitor undertakings and orders |
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93. Further role of CMA in relation to undertakings and orders |
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Other (ss. 94-95A) |
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94. Rights to enforce undertakings and orders |
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94AA. Enforcement of undertakings and orders: imposition of penalties |
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94AB. Penalties under section 94AA: amount |
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94B. Statement of policy in relation to functions under sections 94 and 94AA |
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95. Rights to enforce statutory restrictions |
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Transferred EU merger commitments (ss. 95A-95B) |
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95A Transferred EU merger commitments |
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95B Power of directions in connection with transferred EU merger commitments |
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Chapter 5 Supplementary (ss. 96-130) |
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Merger notices (ss. 96-102) |
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96. Merger notices |
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97. Period for considering merger notices |
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98. Section 97: supplementary |
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99. Certain functions of CMA in relation to merger notices |
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100. Exceptions to protection given by merger notices |
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101. Merger notices: regulations |
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102. Power to modify sections 97 to 101 |
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General duties in relation to references (ss. 103-104A) |
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103. Duty of expedition in relation to references under section 45 or 62 |
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104. Certain duties of relevant authorities to consult |
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104A. Public consultation in relation to media mergers |
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Information and publicity requirements (ss. 105-108) |
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105. General information duties of CMA and Commission |
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106. Advice and information about references under section 22, 33, 68B or 68C |
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106A. Advice and information in relation to media mergers |
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106B. General advisory functions of OFCOM |
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107. Further publicity requirements |
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108. Defamation |
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Investigation powers (ss. 109-117) |
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109. Attendance of witnesses and production of documents etc. |
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109A Transferred EU merger commitments: witnesses, documents etc |
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109B. Extra-territorial application of notices under section 109 |
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110. Enforcement of powers under section 109: imposition of penalties |
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110A. Restriction on powers to impose penalties under section 110 |
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110B. Section 110A: supplementary provision |
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111. Penalties: amount |
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112. Penalties: main procedural requirements |
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113. Payments and interest by instalments |
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114. Appeals in relation to penalties |
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115. Recovery of penalties |
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116. Statement of policy |
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116A. Intentional destruction etc of documents |
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117. False or misleading information |
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Reports (ss. 118-119) |
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118. Excisions from reports |
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119. Minority reports of CMA |
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Further provision about media mergers (ss. 119A-119B) |
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119A. Other general functions of OFCOM in relation to this Part |
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119B. Monitoring role for CMA in relation to media mergers |
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Miscellaneous (ss. 120-123) |
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120. Review of decisions under Part 3 |
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121. Fees |
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122. Primacy of Community law |
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123. Power to alter conditions for a relevant merger situation |
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Other (ss. 124-130) |
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124. Orders and regulations under Part 3 |
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125. Offences by bodies corporate |
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126. Service of documents by the CMA, OFCOM or the Secretary of State |
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127. Associated persons |
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128. Supply of services and market for services etc. |
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129. Other interpretation provisions |
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130. Index of defined expressions |
