The Enterprise Act 2002 (Merger Prenotification) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1369 |
2003 No. 1369
COMPETITION
The Enterprise Act 2002 (Merger Prenotification) Regulations 2003
Made 23th May 2003
Coming into force 20th June 2003
The Secretary of State in exercise of the powers conferred on her by sections 101 and 124(2) of the Enterprise Act 20021, hereby makes the following Regulations:
Citation and commencement
1. This Order may be cited as the Enterprise Act 2002 (Merger Prenotification) Regulations 2003 and shall come into force on 20th June 2003.
Interpretation
2.—(1) In these Regulations
“the Act” means the Enterprise Act 2002; and
“working day” means any day which is not—
(a) Saturday, Sunday, Good Friday or Christmas Day; or
(b) a bank holiday in England and Wales.
(2) A reference in these Regulations to a person who does anything on behalf of a person who is authorised to give a merger notice or who has given such notice shall be construed as limited to a reference to a person who does so having been authorised so to act in accordance with regulation 14 of these Regulations.
Person authorised to give a merger notice
3. A merger notice may be given under section 96(1) of the Act by any person carrying on an enterprise to which the notified arrangements relate.
Time limit for disclosure of material information
4. The time specified for the purpose of section 100(1)(c) of the Act (the time before the end of the period for considering a merger notice within which material information must be disclosed) is five working days.
Time at which a merger notice is to be treated as received
5. A merger notice given under section 96(1) of the Act shall be treated as having been received by the OFT—
(a) subject to paragraph (b), on the day on which it is in fact received by the OFT;
(b) where it is received by the OFT on any day which is not a working day or after 5.00 pm on any working day, on the next working day,
and section 7 of the Interpretation Act 19782shall not apply.
Rejection of a merger notice
6. A rejection of a merger notice under section 99(5) of the Act shall be given in writing and such a notice shall be treated as having been rejected at the time when the rejection is sent to the person who gave the merger notice or a person acting on his behalf.
Withdrawal of a merger notice
7. A merger notice may be withdrawn by or on behalf of the person who gave the notice by a notice in writing sent to the OFT.
Provision of information to the OFT
8.—(1) Any information which—
(a)
(a) is, or ought to be, known to the person who gave the merger notice or any connected person, and
(b)
(b) is material to the notified arrangements,
or any information requested by the OFT under section 99(2) of the Act, shall be provided or disclosed in writing.
(2) Subject to paragraph (3), any information provided or disclosed to the OFT under this regulation shall be treated as having been so provided or disclosed on the day on which it is in fact received by the OFT.
(3) Where information provided or disclosed to the OFT under this regulation is received by the OFT on any day which is not a working day or after 5.00 pm on any working day, it shall be treated as having been provided or disclosed to the OFT on the next working day.
(4) Section 7 of the Interpretation Act 1978 shall not apply to the provision or disclosure of any information under this regulation.
(5) Any information requested by the OFT under section 99(2) of the Act shall be treated as provided to the satisfaction of the OFT, for the purposes of section 97(6) of the Act, on the day on which the OFT informs the person who gave the merger notice, or a person acting on his behalf, of the fact that it is satisfied as to the provision of the information requested by it.
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