In section 110A [Section 110A was inserted by section 29 of the Enterprise and Regulatory Reform Act 2013.], after subsection (8) insert -

"(9) Where the section 109 power is exercised for the purposes of assisting the CMA in carrying out any of its functions under or by virtue of section 95A(1) or 95B (see section 109A), the relevant day is the day when the transferred EU merger commitments concerned are waived or substituted by the European Commission."