139 Public interest intervention by Secretary of State
Enterprise Act 2002 (2002 c 40) | Legislation

Chapter 2
Public Interest Cases

Intervention notices

139  Public interest intervention by Secretary of State

[(A1)     This section applies where—

(a)     the CMA has published a market study notice in relation to a matter; or

(b)     the CMA has begun the process of consultation under section 169 in respect of a decision of the kind mentioned in subsection (6)(a)(i) of that section.

(1)     The Secretary of State may, within the permitted period, give a notice to the CMA if the Secretary of State believes that it is or may be the case that one or more than one public interest consideration is relevant to the matter.

(1A)     For the purposes of subsection (1), the permitted period, in a case to which this section applies by virtue of paragraph (a) of subsection (A1), is the period beginning with the publication of the market study notice and ending with—

(a)     the acceptance by the CMA of an undertaking under section 154 [fully in lieu of a reference under section 154A] instead of the making of a reference under section 131 in relation to the matter;

(b)     the publication of notice of the fact that the CMA has otherwise decided not to

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