(1) The CMA shall cancel a reference under section 45(4) or (5) if it considers that the proposal to make arrangements of the kind mentioned in that reference has been abandoned.

(2) In relation to the question whether a relevant merger situation has been created or the question whether a relevant merger situation will be created, a reference under section 45 may be framed so as to require the CMA to exclude from consideration -

(a) subsection (1) of section 23;

(b) subsection (2) of that section;or

(c) one of those subsections if the CMA finds that the other is satisfied.