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Initial undertakings: completed mergers

Initial enforcement orders: completed mergers

Undertakings in lieu of references under section 22 or 33

Effect of undertakings under section 73

Order-making power where undertakings under section 73 not fulfilled etc.

Supplementary interim order-making power

Restrictions on certain dealings: completed mergers

Restrictions on certain share dealings: anticipated mergers

Sections 77 and 78: further interpretation provisions

Interim undertakings

Interim orders

Final undertakings

Order-making power where final undertakings not fulfilled

Final orders

Enforcement regime for public interest and special public interest cases

Enforcement orders: general provisions

Delegated power of directions

Contents of certain enforcement orders

Subject-matter of undertakings

Procedural requirements for certain undertakings and orders

Register of undertakings and orders

Duty of OFT to monitor undertakings and orders

Further role of OFT in relation to undertakings and orders

Rights to enforce undertakings and orders

Rights to enforce statutory restrictions
Merger notices

Period for considering merger notices

Section 97: supplementary

Certain functions of OFT and Secretary of State in relation to merger notices

Exceptions to protection given by merger notices

Merger notices: regulations

Power to modify sections 97 to 101

Duty of expedition in relation to references

Certain duties of relevant authorities to consult

General information duties of OFT and Commission

Advice and information about references under sections 22 and 33

Further publicity requirements

Defamation

Attendance of witnesses and production of documents etc.

Enforcement of powers under section 109: general

Penalties

Penalties: main procedural requirements

Payments and interest by instalments

Appeals in relation to penalties

Recovery of penalties

Statement of policy

False or misleading information

Excisions from reports

Minority reports of Commission

Review of decisions under Part 3

Fees

Primacy of Community law

Power to alter share of supply test

Orders and regulations under Part 3

Offences by bodies corporate

Service of documents

Associated persons

Supply of services and market for services etc.

Other interpretation provisions

Index of defined expressions
Power of OFT to make references

Ministerial power to make references

Contents of references

Questions to be decided on market investigation references

Variation of market investigation references

Investigations and reports on market investigation references

Time-limits for market investigations and reports

Duty to remedy adverse effects
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ENTERPRISE ACT 2002. THE DIRECTOR GENERAL OF FAIR TRADING

ENTERPRISE ACT 2002. DUTY TO MAKE REFERENCES IN RELATION TO COMPLETED MERGERS

NEED A UK COMPANY FORMATION EXPERT? CODDAN CPM OFFERS NEW COMPANIES INCORPORATION IN ENGLAND, SCOTLAND AND IRELAND

ENTERPRISE ACT 2002. THE DIRECTOR GENERAL OF FAIR TRADING - The functions of the Director General of Fair Trading (in this Act referred to as "the Director"), and his property, rights and liabilities, are transferred to the OFT. (2) The office of the Director is abolished. (3) Any enactment, instrument or other document passed or made before the commencement of subsection (1) which refers to the Director shall have effect, so far as necessary for the purposes of or in consequence of anything being transferred, as if any reference to the Director were a reference to the OFT. The OFT shall, before each financial year, publish a document (the "annual plan") containing a statement of its main objectives and priorities for the year. (2) The OFT shall for the purposes of public consultation publish a document containing proposals for its annual plan at least two months before publishing the annual plan for any year. (3) The OFT shall lay before Parliament a copy of each document published under subsection (2) and each annual plan.

ENTERPRISE ACT 2002. DUTY TO MAKE REFERENCES IN RELATION TO COMPLETED MERGERS - The OFT shall, subject to subsections (2) and (3), make a reference to the Commission if the OFT believes that it is or may be the case that- (a) a relevant merger situation has been created; and (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. (2) The OFT may decide not to make a reference under this section 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 to the Commission; or (b) any relevant customer benefits in relation to the creation of the relevant merger situation concerned outweigh the substantial lessening of competition concerned and any adverse effects of the substantial lessening of competition concerned. (3) No reference shall be made under this section if- (a) the making of the reference is prevented by section 69(1), 74(1) or 96(3) or paragraph 4 of Schedule 7; (b) the OFT is considering whether to accept undertakings under section 73 instead of making such a reference; (c) the relevant merger situation concerned is being, or has been, dealt with in connection with a reference made under section 33.

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