Schedule 1, Part I, paragraph 1

To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of Part V of the Fair Trading Act 1973 (“the 1973 Act”) Part 3 of the Enterprise Act 2002 (“the 2002 Act”), the Chapter I prohibition does not apply to the agreement. The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions. In sub-paragraph (2) “merger provisions” means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1). Section 65 of the 1973 Act Section 26 of the 2002 Act applies for the purposes of this paragraph as if— for “may” there were substituted “ must ”. in subsection (3) (circumstances in which a person or group of persons may be treated as having control of an enterprise), and in subsection (4) (circumstances in which a person or group of persons may be treated as bringing an enterprise under their control),

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Source: legislation.gov.uk · retrieved 2026-09-04