(1) Subsections (2) to (5) apply where the Secretary of State -

(a) has given an intervention notice in relation to a relevant merger situation; and

(b) has received a report of the CMA under section 44, and any report of OFCOM which is required by virtue of section 44A, in relation to the matter.

(2) The Secretary of State may make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if he believes that it is or may be the case that -

(a) a relevant merger situation has been created;

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

(c) one or more than one public interest consideration mentioned in the intervention notice is relevant to a consideration of the relevant merger situation concerned; and