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Version date: 26 October 2023 - onwards
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68D. Opinion of the Gas and Electricity Markets Authority

(1) Before forming a view for the purposes of section 68B(1)(b) or (2) or 68C(1)(b) or (2)(b), the CMA must -

(a) ask the Gas and Electricity Markets Authority to give an opinion, and

(b) consider that opinion.

(2) Where the CMA makes a request under this section, the Gas and Electricity Markets Authority must give its opinion on -

(a) whether and to what extent the creation of the relevant merger situation has prejudiced, or may be expected to prejudice, the Authority's ability, in carrying out its functions under Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989, to make comparisons between energy network enterprises of the type involved in the relevant merger situation, and

(b) whether any prejudice is outweighed by any relevant customer benefits in relation to the creation of the relevant merger situation.

(3) The Gas and Electricity Markets Authority must prepare and publish a statement of the methods it considers should be applied in forming an opinion on the matte

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