Part I Mergers

SCHEDULE 1 Exclusions: Mergers and Concentrations

Sections 3(1)(a) and 19(1)(a)

Part I Mergers

Enterprises ceasing to be distinct: the Chapter I prohibition

1

(1)     To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of [Part 3 of the Enterprise Act 2002 (“the 2002 Actâ€)], the Chapter I prohibition does not apply to the agreement.

(2)     The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions.

(3)     In sub-paragraph (2) “merger provisions†means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1).

(4)     [Section 26 of the 2002 Act] applies for the purposes of this paragraph as if—

(a)     in subsection (3) (circumstances in which a person or group of persons may be treated as having control of an enterprise),

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