[33 Exclusion of small mergers from duty to make reference]

[33  Exclusion of small mergers from duty to make reference]

[(1)     The [CMA] 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 [CMA]—

(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)     that the only water enterprises already belonging to the person making the take over are enterprises each of which has a turnover the value of which does not exceed or, as the case may be, would not exceed £10 million.

(2)     For the purposes of subsection (1)(a) above, the value of the turnover of the water enterprise being taken over shall be determined by taking the

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