The Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2004

• Citation: S.I. 2004/2181
• Sections: 40

Section 1 Title and commencement

This Order may be cited as the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2004 and shall come into force on 4th October 2004.

Section 2 Interpretation

In this Order—

“ the Act ” means the Enterprise Act 2002;

“the 1973 Act ” means the Fair Trading Act 1973 ;

“ the Commission ” means the Competition Commission;

“the DTI ” means the Department of Trade and Industry;

“the MMC ” means the Monopolies and Mergers Commission;

“the specified undertakings” means the undertakings described in Schedule 1 hereto; and

“the specified orders” means the orders described in Schedule 2 hereto.

Section 3 Specification

(1) The undertakings described in Schedule 1 hereto are hereby specified for the purposes of paragraphs 15(1), 15(3)(a) and 16(1) of Schedule 24 to the Act.

(2) The orders described in Schedule 2 hereto are hereby specified for the purposes of paragraphs 15(2), 15(3)(b) and 17(1) of Schedule 24 to the Act.

Section 1

The undertakings given to the Secretary of State by Carlton Communications Plc and Granada plc following the report of the Commission entitled “Carlton Communications plc and Granada plc: A report on the proposed merger” .

Section 1

The undertakings given to the Secretary of State by The Royal Bank of Scotland Group PLC (“ RBS ”), HSBC Bank PLC (“ HSBC ”), Barclays Bank PLC (“ Barclays ”) and Lloyds TSB Bank PLC (“Lloyds TSB”) dated 17 July 2002, the undertakings given to the Secretary of State by RBS, HSBC, Barclays, Lloyds TSB, AIB Group (UK) PLC (“ AIB ”), Bank of Ireland (“ BI ”), Clydesdale Bank PLC (“Clydesdale”), HBOS PLC (“ HBOS ”) and Northern Bank Limited (“ NB ”) dated 31 October 2002 and the further undertakings given to the Secretary of State by RBS, HSBC, Barclays, Lloyds TSB, AIB, BI, Clydesdale, HBOS and NB dated 21 October 2003 following the report of the Commission entitled “The supply of banking services by clearing banks to small and medium sized enterprises” .

Section 2

The undertakings given to the Secretary of State by Centrica plc and Centrica Storage Limited following the report of the Commission entitled “Centrica plc and Dynegy Storage Ltd and Dynegy Onshore Processing UK Limited: A report on the merger situation” .

Section 2

The undertakings given to the Secretary of State by Birds Eye Wall’s Limited (“ BEW ”), Nestle UK Ltd and Mars U.K. Limited dated 7 April 2000 and the further undertakings given by BEW dated 19 July 2000 following the report of the Commission entitled “The supply of impulse ice cream: A report on the supply in the United Kingdom of ice cream for immediate consumption” .

Section 3

The undertakings given to the Secretary of State by Wal-Mart Stores Inc, Asda Group Limited, J Sainsbury plc, Tesco plc and Wm Morrison Supermarkets PLC following the report of the Commission entitled “Safeway plc and Asda Group Limited (owned by Wal-Mart Stores Inc); Wm Morrison Supermarkets PLC; J Sainsbury plc; and Tesco plc: A report on the mergers in contemplation” .

Section 3

The undertakings given to the Secretary of State by Combined Independents (Holdings) Limited, Dixons Group PLC, Redcats (UK) PLC, General Domestic Appliances Holdings Ltd, Birmingham Combined Independents Limited, Combined Independents Limited, Combined Independents (Bedfordshire and Northamptonshire) Limited, Combined Independents (Lincs) Limited, Combined Independents (Liverpool) Limited, Combined Independents North Limited, Five Star Electric (Holdings) Limited, Independent Electrical Supplies (Hull) Limited, Manchester (Combined Independents) Limited, Mid-Somerset Trading Company Limited, North Derbyshire Independents Limited, Pendle Valley Retailers Limited, Radio and Electrical Buyers (Surrey) Limited and Radio Electrical Supplies (Scotland) Limited following the reports of the MMC entitled “Domestic Electrical Goods I: A report on the supply in the UK of televisions, video cassette recorders, hi-fi systems and camcorders” and “Domestic Electrical Goods II : A report on the supply in the UK of washing machines, tumble driers, dishwashers and cold food storage equipment” .

Section 4

The undertakings given to the Secretary of State by GWR Group plc dated 22 July 2003 following the report of the Commission entitled “Scottish Radio Holdings plc and GWR Group plc and Galaxy Radio Wales and the West Limited: A report on the merger situation” .

Section 4

The undertakings given to the Secretary of State by Performing Right Society Limited dated 27 February 1997 following the report of the MMC entitled “Performing Rights: A report on the supply in the United Kingdom of the services of administering performing rights and film synchronisation rights” .

Section 5

The undertakings given to the Secretary of State by Coloplast A/S, Coloplast Limited and 4C Health Limited following the report of the Commission entitled “Coloplast A/S and SSL International plc: A report on the merger situation” .

Section 5

The undertakings given to the Secretary of State by the National House-Building Council dated 7 December 1995 following the report of the MMC entitled “A report on the existence or possible existence of a monopoly situation in relation to the supply within the United Kingdom of structural warranty services in relation to new homes” .

Section 6

The undertakings given to the Secretary of State by H+H International A/S following the report of the Commission entitled “H+H Celcon Limited and Marley Building Materials Limited: A report on the proposed merger” .

Section 6

The undertakings given to the Secretary of State by Prosper de Mulder Limited and William Forrest and Son (Paisley) Limited dated 1 February 1995 following the report of the MMC entitled “Animal Waste: A report on the supply of animal waste in England and Wales and Scotland” .

Section 7

The undertakings given to the Secretary of State by Lloyds TSB Group plc following the report of the Commission entitled “Lloyds TSB Group plc and Abbey National plc: A report on the proposed merger” .

Section 7

The undertaking given to the Secretary of State by the British Medical Association dated 21 September 1994 following the report of the MMC entitled “Private medical services: A report on agreements and practices relating to charges for the supply of private medical services by NHS consultants” .

Section 8

The undertakings given to the Secretary of State by Interbrew SA , Interbrew UK Holdings Limited and Interbrew UK Limited following the report of the Commission entitled “Interbrew SA and Bass PLC: A report on the acquisition by Interbrew SA of the brewing interests of Bass PLC” .

Section 8

The undertakings given to the Secretary of State by LRC Products Limited dated 30 June 1994 following the report of the MMC entitled “Contraceptive sheaths: A report on the supply in the United Kingdom of Contraceptive Sheaths” .

Section 9

The undertakings given to the Secretary of State by SCR-Sibelco SA following the report of the Commission entitled “SCR-Sibelco SA and Fife Silica Sands Ltd and Fife Resources Ltd: A report on the merger situation” .

Section 9

The undertakings given to the Secretary of State by the British Broadcasting Corporation dated 4 November 1992 following the report of the MMC entitled “Television Broadcasting Services: A report on the publicising, in the course of supplying a television broadcasting service, of goods supplied by a broadcaster” .

Section 10

The undertakings given to the Secretary of State by British Sky Broadcasting Group plc following the report of the MMC entitled “British Sky Broadcasting Group plc and Manchester United PLC: A report on the proposed merger” .

Section 10

The undertakings given to the Secretary of State by Macfarlan Smith Limited dated 13 September 1989 following the report of the MMC entitled “Opium Derivatives: A report on the matter of the existence or possible existence of a monopoly situation in relation to the supply in the United Kingdom of Opium Derivatives” .

Section 11

The undertakings given to the Secretary of State by Nutreco Holding NV dated 12 March 2001 following the report of the Commission entitled “Nutreco Holding NV and Hydro Seafood GSP Ltd: A report on the proposed merger” .

Section 12

The undertakings given to the Secretary of State by Sylvan International Ltd and Locker Group plc following the report of the Commission entitled “Sylvan International Ltd and Locker Group plc: A report on the merger situation” .

Section 13

The undertakings given to the Secretary of State by Alanod Aluminium-Veredlung GmbH & Co and Metalloxyd Ano-Coil Limited dated 31 July 2000 following the report of the Commission entitled “Alanod Aluminium-Veredlung GmbH & Co and Metalloxyd Ano-Coil Limited: A report on the proposed merger” .

Section 14

The undertakings given to the Secretary of State by ARRIVA plc dated 7 February 2000 following the report of the MMC entitled “ARRIVA plc and Lutonian Buses Ltd: A report on the merger situation” .

Section 15

The undertakings given to the Secretary of State by British Airways plc dated 28 October 1999 following the report of the MMC entitled “British Airways plc and Cityflyer Express Limited: A report on the proposed merger” .

Section 16

The undertakings given to the Secretary of State by Hilton Group plc dated 27 October 1999 following the report of the MMC entitled “Ladbroke Group PLC and the Coral betting business: A report on the merger situation” .

Section 17

The undertakings given to the Secretary of State by Rockwool Ltd dated 11 October 1999 following the report of the MMC entitled “Rockwool Limited and Owens-Corning Building Products (UK) Limited: A report on the proposed merger” .

Section 18

The undertakings given to the Secretary of State by Fresenius AG dated 8 February 1999 following the report of the MMC entitled “Fresenius AG and Caremark Limited: A report on the proposed merger” .

Section 19

The undertakings given to the Secretary of State by London Clubs International plc dated 14 December 1998 following the report of the MMC entitled “London Clubs International plc and Capital Corporation PLC: A report on the merger situation” .

Section 20

The undertakings given to the Secretary of State by National Express Group PLC dated 15 April 1998 following the report of the MMC entitled “National Express Group PLC and ScotRail Railways Limited: A report on the merger situation” .

Section 21

The undertakings given to the Secretary of State by Nutricia Holdings Limited dated 7 April 1997 following the report of the MMC entitled “Nutricia Holdings Ltd and Valio International UK Limited: A report on the merger situation” .

Section 22

The undertakings given to the Secretary of State by The Thomas Cook Group Limited dated 29 March 1996 following the report of the MMC entitled “Thomas Cook Group Limited and Interpayment Services Limited: A report on the acquisition by the Thomas Cook Group Limited of the travellers cheques issuing business of Barclays Bank plc” .

Section 23

The undertakings given to the Secretary of State by Robert Wiseman Dairies plc dated 28 February 1997 following the report of the MMC entitled “Robert Wiseman Dairies plc and Scottish Pride Holdings plc: A report on the proposed merger” .

Section 24

The undertakings given to the Secretary of State by GEHE AG dated 17 October 1996 following the report of the MMC entitled “UniChem PLC/Lloyds Chemists plc and GEHE AG/Lloyds Chemists plc: A report on the proposed mergers” .

Section 25

The undertakings given to the Secretary of State by Belfast International Airport Limited dated 30 April 1996 following the report by the MMC entitled “Belfast International Airport Limited and Belfast City Airport Limited: A report on the merger in contemplation” .

Section 26

The undertakings given to the Secretary of State by Badgerline Holdings Limited (as amended in February 1996) following the report of the MMC entitled “Badgerline Holdings Ltd and Midland Red West Holdings Ltd: A report on the acquisition by Badgerline Holdings Limited of Midland Red West Holdings Limited” .

Section 27

The undertakings given to the Secretary of State by the Co-operative Wholesale Society Limited following the report of the MMC entitled “Co-operative Wholesale Society Limited and House of Fraser PLC: A report on the acquisition by the Co-operative Wholesale Society Limited of the Scottish funerals business of House of Fraser PLC” .