Section 45(5)

The Secretary of State may make a reference to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if he believes that it is or may be the case that— arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation; the creation of that situation may be expected not to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services; one or more than one public interest consideration mentioned in the intervention notice is relevant to a consideration of the relevant merger situation concerned; and taking account only of the relevant public interest consideration or considerations concerned, the creation of the relevant merger situation may be expected to operate against the public interest.

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