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SCHEDULEU.K.TRANSITIONAL PROVISIONS AND SAVINGS: THE COMPETITION AND MARKETS AUTHORITY AND COMPETITION REFORM

MergersU.K.

Undertakings and ordersU.K.

5.—(1) The amendments made by section 30(1) of, and paragraphs 2(5) to (7) and 4(2) of Schedule 7 to, the Act (initial and interim undertakings) do not apply in relation to undertakings accepted under section 71 of, or paragraph 1 of Schedule 7 to, the 2002 Act(1) before the commencement date.

(2) In their continued application by virtue of sub-paragraph (1)—

(a)section 71 of the 2002 Act has effect as if there were no power under that section for an undertaking under that section to be varied or superseded,

(b)section 80(4) of that Act continues to permit the varying or superseding of an undertaking under section 71 which has been adopted under section 80(3)(2), and

(c)paragraph 1 of Schedule 7 to that Act has effect as if there were no power under that paragraph for an undertaking accepted or adopted under that paragraph to be varied or superseded.

(3) The amendments made by paragraphs 3(5) to (7) and 4(5) of Schedule 7 to the Act (interim orders) do not apply in relation to orders adopted before the commencement date.

(4) The amendments made by section 31 of the Act (financial penalties in relation to interim measures) do not apply in relation to a failure to comply which—

(a)occurs before the commencement date, and

(b)does not continue on or after it,

but otherwise do apply in relation to undertakings accepted, or orders made, before that date.

Commencement Information

I1Sch. para. 5 in force at made date

(1)

Section 71 and paragraph 1 of Schedule 7 were repealed by section 30 of and paragraph 4 of Schedule 7 to the Enterprise and Regulatory Reform Act 2013 respectively.

(2)

Section 80 was amended by paragraph 120 of Schedule 5 and paragraphs 2 and 3 of Schedule 7 to the Enterprise and Regulatory Reform Act 2013.