(1) The Court shall not make an order under Regulation 42 in respect of a cross-border merger that is a merger or acquisition which is referred to in section 16 of the Competition Act 2002 and to which paragraph (a) or (b) of section 18(1) of that Act applies, or which is referred to in section 18(3) of that Act and which has been notified to the Competition and Consumer Protection Commission (in this Regulation referred to as the "Commission") in accordance with that subsection, or in respect of which the Commission has made a requirement pursuant to section 18A(2) of that Act, unless -
(a) the Commission has determined under section 21 or 22 of that Act that the merger may be put into effect,
(b) the Commission has made a conditional determination (within the meaning of that Act) in relation to the merger,
(c) the period specified in section 21(2) of that Act has elapsed without the Commission having informed the undertakings which made the notification concerned of the determination
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