45 Power of Secretary of State to refer matter to [CMA]

45  Power of Secretary of State to refer matter to [CMA]

(1)     Subsections (2) to (5) apply where the Secretary of State—

(a)     has given an intervention notice in relation to a relevant merger situation; and

(b)     has received a report of the [CMA] under section 44[, and any report of OFCOM which is required by virtue of section 44A,] in relation to the matter.

(2)     The Secretary of State may make a reference [to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013] if he believes that it is or may be the case that—

(a)     a relevant merger situation has been created;

(b)     the creation of that situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services;

(c)     one or more than one public interest consideration mentioned in the intervention notice

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