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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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