Section 140(5)

For the purposes of subsection (4) a matter to which an intervention notice under section 139(1) relates is finally determined under this Chapter if— the CMA accepts an undertaking fully in lieu of a reference under section 154A; the CMA publishes notice that it has otherwise decided not to make a reference under section 131 in relation to the matter; the period permitted for the preparation by the CMA of the market study report in relation to the matter and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3) has expired and no such report has been so prepared or no such action has been taken; the Secretary of State makes a reference under section 140A(5) in relation to the matter; the period permitted by section 144 for the preparation of the report of the CMA under section 142 and for action to be taken in relation to it under section 143(1) or (3) or (as the case may be) 143A(2) or (3) has expired and no such report has been so prepared or no such action has been taken; the CMA decides under section 145(1) to terminate its investigation; the report of the CMA has been prepared under section 142 and published under section 143(1) or (as the case may be) 143A(2) within the period permitted by section 144; the Secretary of State fails to make and publish a decision under subsection (2) of section 146 within the period required by subsection (3) of that section or (as the case may be) fails to make and publish a decision under subsection (2) of section 146A within the period required by subsection (6) of that section; the Secretary of State decides under section 146(2) that no eligible public interest consideration is relevant or (as the case may be) decides under section 146A(2) to make no finding at all in relation to the matter; the Secretary of State decides under section 147(2) or (as the case may be) 147A(2) neither to accept an undertaking under section 159 nor to make an order under section 161; the Secretary of State accepts an undertaking under section 159 or makes an order under section 161; or the Secretary of State decides to revoke the intervention notice concerned.

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