Section 43(4)

For the purposes of this Part, a matter to which an intervention notice relates is finally determined under this Chapter if— the time within which the CMA or (if relevant) OFCOM is to report to the Secretary of State under section 44 or (as the case may be) 44A has expired and no such report has been made; the Secretary of State decides to accept an undertaking or group of undertakings under paragraph 3 of Schedule 7 instead of making a reference under section 45; the Secretary of State otherwise decides not to make a reference under that section; the CMA cancels such a reference under section 48(1) or 53(1); the time within which the CMA is to prepare a report under section 50 and give it to the Secretary of State has expired and no such report has been prepared and given to the Secretary of State; the time within which the Secretary of State is to make and publish a decision under section 54(2) has expired and no such decision has been made and published; the Secretary of State decides under section 54(2) to make no finding at all in the matter; the Secretary of State otherwise decides under section 54(2) not to make an adverse public interest finding; the Secretary of State decides under section 54(2) to make an adverse public interest finding but decides neither to accept an undertaking under paragraph 9 of Schedule 7 nor to make an order under paragraph 11 of that Schedule; or the Secretary of State decides under section 54(2) to make an adverse public interest finding and accepts an undertaking under paragraph 9 of Schedule 7 or makes an order under paragraph 11 of that Schedule.

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