Section 37

The CMA shall cancel a reference under section 33 if it considers that the proposal to make arrangements of the kind mentioned in the reference has been abandoned. The CMA may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat a reference made under section 22 or 33 as if it had been made under section 33 or (as the case may be) 22; and, in such cases, references in this Part to references under those sections shall, so far as may be necessary, be construed accordingly. Where, by virtue of subsection (2), the CMA treats a reference made under section 22 or 33 as if it had been made under section 33 or (as the case may be) 22, sections 77 to 81 shall, in particular, apply as if the reference had been made under section 33 or (as the case may be) 22 instead of under section 22 or 33. Subsection (5) applies in relation to any undertaking accepted under section 80, or any order made under section 81, which is in force immediately before the CMA, by virtue of subsection (2), treats a reference made under section 22 or 33 as if it had been made under section 33 or (as the case may be) 22. The undertaking or order shall, so far as applicable, continue in force as if— and the undertaking or order concerned may be varied, superseded, released or revoked accordingly. in the case of an undertaking or order which relates to a reference made under section 22, accepted or made in relation to a reference made under section 33; and in the case of an undertaking or order which relates to a reference made under section 33, accepted or made in relation to a reference made under section 22; The CMA may at any time vary a reference under section 22 or 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No variation by the CMA under this section shall be capable of altering the period permitted by section 39 within which the report of the CMA under section 38 is to be prepared and published.

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