Schedule 5A, paragraph 7

Section 36 (questions to be decided in relation to anticipated mergers) has effect as if— in subsection (1)(a), after “situation” there were inserted “involving an energy network merger”; in subsection (1)(b), for the words from “result” to the end there were substituted “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”; after subsection (1) there were inserted— For the purposes of this section there is a prejudicial outcome if there are arrangements described in subsection (1)(a) which may be expected to have the effect described in subsection (1)(b). in subsection (2), for “an anti-competitive outcome (within the meaning given by section 35(2)(b))” there were substituted “a prejudicial outcome”; in subsections (2)(a) and (b) and (3), for “lessening of competition” (in each place it appears) there were substituted “prejudice”.

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