Section 42(1)

Subsection (2) applies where— the Secretary of State has reasonable grounds for suspecting that it is or may be the case that a relevant merger situation has been created or that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation; no reference under section 22, 33, 68B or 68C has been made in relation to the relevant merger situation concerned; no decision has been made not to make such a reference (other than a decision made by virtue of subsection (2)(b) of section 33 or subsection (2)(a) of section 68C or a decision to accept undertakings under section 73 instead of making such a reference); and no reference is prevented from being made under section 22, 33, 68B or 68C by virtue of— section 22(3)(za) or (a) or (as the case may be) 33(3)(za) or (a) (including those provisions as applied by sections 68B and 68C); ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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