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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 October 2023 - onwards
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100. Exceptions to protection given by merger notices

(1) Sections 22(3)(za) and 33(3)(za) do not prevent any reference being made under section 22, 33, 68B or 68C if-

(a) before the end of the initial period (within the meaning of section 34ZA) in relation to the merger notice, the CMA rejects the notice under section 99(5);

(b) [deleted]

(c) any information (whether prescribed information or not) that-

(i) is, or ought to be, known to the person who gave the merger notice or any connected person; and

(ii) is material to the notified arrangements;

is not disclosed to the CMA;

(d) at any time after the merger notice is given but before the enterprises to which the notified arrangements relate cease to be distinct from each other, any of those enterprises ceases to be distinct from any enterprise other than an enterprise to which those arrangements relate;

(e) the six months beginning with the end of the initial period (within the meaning of section 34ZA) in relation to the merger notice expires without the enterprises to which the notifie

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