Section 33(3)

No reference shall be made under subsection (1) if— the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made; the making of the reference is prevented by section . . . 74(1) ... or paragraph 4 of Schedule 7; the CMA is considering whether to accept undertakings under section 73 instead of making such a reference; the arrangements concerned are being, or have been, dealt with in connection with a reference made under section 22 ...; or a notice under section 42(2) is in force in relation to the matter or the matter to which such a notice relates has been finally determined under Chapter 2 otherwise than in circumstances in which a notice is then given to the CMA under section 56(1); or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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