s 7
(1) For the purposes of this Schedule a benefit is a relevant customer benefit if— (a) it is a benefit to relevant customers in the form of— (i) lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom; or (ii) greater innovation in relation to such goods or services; and (b) the Competition Commission believes— (i) in the case of a merger reference under section 32(a) of this Act, as mentioned in sub-paragraph (2) below; and (ii) in the case of a merger reference under section 32(b) of this Act, as mentioned in sub-paragraph (3) below. (2) The belief, in the case of a merger reference under section 32(a) of this Act, is that— (a) the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and (b) the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Director. (3) The belief, in the case of a merger reference under section 32(b) of this Act is that— (a) the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and (b) the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Director. (4) In sub-paragraph (1) above “ relevant customers ” means— (a) customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise; (b) customers of such customers; and (c) any other customers in a chain of customers beginning with the customers mentioned in paragraph (a); and in this sub-paragraph “ customers ” includes future customers.