SCHEDULE 4Saving and transitional provision

PART 7Enterprise Act 2002

Cases referred by the European Commission to the CMA before exit day24

1

This paragraph applies in a case in which immediately before exit day—

a

the European Commission has by a decision referred the whole or part of a case to the CMA under Article 4(4) or 9 of the EC Merger Regulation, or is deemed to have taken such a decision; and

b

the preliminary assessment period in relation to the case has not ended.

2

In relation to the case—

a

sections 34A, 46A, 46B and 122(3) to (5) of the 2002 Act continue to have effect despite their repeal by Part 3 of these Regulations, and

b

sections 34ZA, 73A, 107 and 110B continue to have effect without the modifications made by regulations 38, 48, 50 and 51.

3

References to the EC Merger Regulation in any provision which continues to have effect by virtue of sub-paragraph (2) have the meaning given by paragraph 18.

4

In sub-paragraph (1), “the preliminary assessment period” has the meaning given by—

a

section 46A(4) of the 2002 Act, in any case where an intervention notice (as defined in section 42(2) of the 2002 Act) is in force; and

b

section 34A(4) of that Act, in any other case.