56 Competition cases where intervention on public interest grounds ceases
Enterprise Act 2002 (2002 c 40) | Legislation

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56  Competition cases where intervention on public interest grounds ceases

(1)     Where the Secretary of State decides not to make a reference under section 45 on the ground that no public interest consideration to which he is able to have regard is relevant to a consideration of the relevant merger situation concerned, he shall by notice require the [CMA] to deal with the matter otherwise than under this Chapter.

(2)     Where a notice is given to the [CMA] in the circumstances mentioned in subsection (1), the [CMA] shall decide whether to make a reference under section 22[, 33, 68B or 68C]; and any time-limits in relation to the Secretary of State's decision whether to make a reference under section 45 (including any remaining powers of extension) shall apply in relation to the decision of the [CMA] whether to make a reference under section 22[, 33, 68B or 68C].

(3)     Where the [CMA] cancels under

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