70 Water mergers
Enterprise Act 2002 (2002 c 40) | Legislation

70  Water mergers

(1)     For sections 32 to 35 of the Water Industry Act 1991 (c 56) (special provision for water merger references) there shall be substituted—

“32 Duty to refer merger of water or sewerage undertaking

Subject to section 33 below, it shall be the duty of the OFT to make a merger reference to the Competition Commission if the OFT believes that it is or may be the case—

(a)     that arrangements are in progress which, if carried into effect, will result in a merger of any two or more water enterprises; or

(b)     that such a merger has taken place otherwise than as a result of the carrying into effect of arrangements that have been the subject of a reference by virtue of paragraph (a) above.

33 Exclusion of small mergers from duty to make reference

(1)     The OFT shall not make a merger reference under section 32 above in respect of any actual or prospective merger of two or more water enterprises if it appears to the OFT—

(a)     that the value of the turnover of the water enterprise being taken over does not exceed or, as the case may be, would not exceed £10 million; or

(b)

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