The EEC Merger Control(Consequential Provisions) Regulations 1990

• Citation: S.I. 1990/1563
• Sections: 3

Section 1

(1) These Regulations may be cited as the EEC Merger Control (Consequential Provisions) Regulations 1990 and shall come into force on 21st September 1990.

(2) In these Regulations, “the Merger Control Regulation” means Council Regulation (EEC) No. 4064/89 on the control of concentrations between undertakings , and expressions used in that Regulation shall bear the same meaning in these Regulations.

Section 2

For the purpose of determining the effect of giving a merger notice and the steps which may be or are to be taken by any person in connection with such a notice in a case in which the arrangements in question are or would result in a concentration with a Community dimension, section 75B of the Fair Trading Act 1973 is amended by omitting the word “or” at the end of paragraph (b) of subsection (7) and adding the following at the end of that subsection:

or,

(d) it appears to him that the notified arrangements are, or if carried into effect would result in, a concentration with a Community dimension within the meaning of Council Regulation (EEC) No. 4064/89 of 21st December 1989 on the control of concentrations between undertakings.

Section 3

A merger reference may be made under section 64 of the Fair Trading Act 1973 in a case in which the relevant enterprises ceased to be distinct enterprises at a time and in circumstances not falling within subsection (4) of that section if by reason of the Merger Control Regulation or anything done under or in accordance with it the reference could not have been made earlier than six months before the date on which it is to be made.