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SCHEDULE 4U.K.Saving and transitional provision

PART 7U.K.Enterprise Act 2002 [F1and other merger control legislation]

Textual Amendments

F1Words in Sch. 4 Pt. 7 heading inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 42

27.—(1) This paragraph applies in a case in which immediately before [F2IP completion day]U.K.

(a)the Secretary of State has given a notice to the CMA under section 67(2) of the 2002 Act in relation to a European relevant merger situation; [F3and]

(b)the matter to which the notice relates has not been finally determined in accordance with article 3 of the 2003 Order; F4...

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The old legitimate interests law continues to have effect on and after [F5IP completion day] in connection with the matter to which the notice relates [F6except that in section 68(2) of the 2002 Act—

(a)the reference to “EU law” includes a reference to “relevant separation agreement law” within the meaning of section 7C of the European Union (Withdrawal Agreement) Act 2020; and

(b)the reference to the EC Merger Regulation has the meaning given by paragraph 18.] 

(3) In this paragraph, “the old legitimate interests law” has the same meaning as in paragraph 25.

Textual Amendments

F2Words in Sch. 4 para. 27(1) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 54(2)(a)

F3Word in Sch. 4 para. 27(1)(a) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 54(2)(b)

F4Sch. 4 para. 27(1)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 54(2)(c)

F5Words in Sch. 4 para. 27(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 54(3)(a)

F6Words in Sch. 4 para. 27(2) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 54(3)(b)

Commencement Information

I1Sch. 4 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)