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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 4 January 2022 - onwards
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36. Questions to be decided in relation to anticipated mergers

(1) Subject to subsections (5) and (6) and section 127(3), the CMA shall, on a reference under section 33, decide the following questions-

(a) whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation; and

(b) if so, whether the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

(2) The CMA shall, if it has decided on a reference under section 33 that there is an anti-competitive outcome (within the meaning given by section 35(2)(b)), decide the following additional questions -

(a) whether action should be taken by it under section 41(2) for the purpose of remedying, mitigating or preventing the substantial lessening of competition concerned or any adverse effect which may be expected to result from the substantial lessening of competition;

(b) whether it should recommend the taking

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