Sch 5A para 6 Questions to be decided in relation to completed mergers
Section 35 (questions to be decided in relation to completed mergers) has effect as if— (a) in subsection (1)(a), after “situation” there were inserted “involving an energy network merger” ; (b) in subsection (1)(b), for the words from “has resulted” to the end there were substituted “has caused, or may be expected to cause, substantial prejudice to the ability of the Gas and Electricity Markets Authority to make comparisons between energy network enterprises of the type involved in the energy network merger” ; (c) for subsection (2) there were substituted— (2) For the purposes of this section there is a prejudicial outcome if there is a situation described in subsection (1)(a) which has, or may be expected to have, the effect described in subsection (1)(b). (d) in subsection (3), for “an anti-competitive outcome (within the meaning given by subsection (2)(a))” there were substituted “a prejudicial outcome” ; (e) in subsections (3)(a) and (b) and (4), for “ lessening of competition ” (in each place it appears) there were substituted “prejudice” .