23 Relevant merger situations
Enterprise Act 2002 (2002 c 40) | Legislation

23  Relevant merger situations

[(1)     For the purposes of this Part, a relevant merger situation has been created if—

(a)     two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)     the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million [£100 million].

(2)     For the purposes of this Part, a relevant merger situation has also been created if—

(a)     two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and

(b)     as a result, one or both of the conditions mentioned in subsections (3) and (4) below prevails or prevails to a greater extent[; and

(c)     the value of the turnover in the United Kingdom of—

(i)     the enterprise being taken over, or

(ii)     any other enterprise concerned,

exceeds £10 million].]

[(2A)     . . .]

[(2B)     For the purposes of subsection (2)(c)(ii), any turnover of any other enterprise concerned that is also turnover of the enterprise being taken over is to be ignored.]

(3)     The condition mentioned in this subsection is that, in relation to the supply of

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