Schedule 1, Part I, paragraph 5

An agreement is a protected agreement for the purposes of paragraph 4 if— the CMA or (as the case may be) the Secretary of State has published its or his decision not to make a reference ... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement; the CMA or (as the case may be) the Secretary of State has made a reference ... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and the CMA has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation; the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or the CMA has made a reference ... under section 32 of the Water Industry Act 1991 in connection with the agreement and the CMA has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.

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