EEC Merger Control (Distinct Market Investigations) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/1715 |
1990 No. 1715
MONOPOLIES AND MERGERS
The EEC Merger Control (Distinct Market Investigations)Regulations 1990
Made 20th August 1990
Laid before Parliament 22th August 1990
Coming into force 21th September 1990
The Secretary of State being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the control of concentrations between undertakings, in exercise of the powers conferred on him by the said section 2(2) hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the EEC Merger Control (Distinct Market Investigations) Regulations 1990 and shall come into force on 21st September 1990.
(2) In these Regulations, “the Merger Control Regulation” means Council Regulation (EEC) No. 4064/89on the control of concentrations between undertakings3, and expressions used in that Regulation shall bear the same meaning in these Regulations.
2. At any time after the Commission has transmitted to the competent authorities of the United Kingdom a copy of the notification to the Commission of a concentration with a Community dimension, the Director General of Fair Trading (“the Director”) may, for the purpose of furnishing information to the Commission under the second sentence of Article 19(2) of the Merger Control Regulation, and by notice in writing signed by him—
(a) require any person to produce, at a time and place specified in the notice, to the Director or to any person appointed by him for the purpose, any documents which are specified or described in the notice and which are documents in his custody or under his control and relating to any matter relevant to the furnishing of information as aforesaid, or
(b) require any person carrying on any business to furnish to the Director such estimates, returns or other information as may be specified or described in the notice, and specify the time, the manner and the form in which such estimates, returns or information are to be furnished;
but no person shall be compelled by virtue of this regulation to produce any documents which he could not be compelled to produce in civil proceedings before the High Court or, in Scotland, the Court of Session or, in complying with any requirement for the furnishing of information, to give any information which he could not be...
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