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AI Summary of 33. Duty to make references in relation to anticipated mergers

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 10 of 10

33. Duty to make references in relation to anticipated mergers

(1) The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that -

(a) arrangements are in progress orin contemplation which, if carried into effect, will result in the creation of a relevant merger situation; and

(b) the creation of that situation may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services.

(1A) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA has decided, under section 34ZF(3), to accept a fast-track reference request.

(2) The CMA may decide not to make a reference under subsection (1) if it believes that-

(a) the market concerned is not, or the markets concerned are not, of sufficient importance to justify the making of a reference;