18.—(1) In this Part of this Schedule—
“the 2003 Order” means the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003(1);
“EC Merger Regulation” means Council Regulation (EC) 139/2004(2) on the control of concentrations between undertakings as it has effect in EU law immediately before exit day;
“enterprise” has the meaning given by section 129 of the 2002 Act;
“European relevant merger situation” has the meaning given by section 68(2) of the 2002 Act.
(2) For the purposes of this Part of this Schedule the EU merger decision has been taken in relation to a concentration if—
(a)the European Commission has made a decision in relation to the concentration under Article 6(1)(b) or 8(1), (2) or (3) of the EC Merger Regulation; or
(b)the concentration is deemed to have been declared compatible with the internal market under Article 10(6) of that Regulation.
S.I. 2003/1592; relevant amending instruments are SI 2003/3180 and S.I .2014/891.
O.J. L 24, 29.1.2004, p. 1.