Section 53

The CMA shall cancel a reference under section 45 if— the intervention notice concerned mentions a public interest consideration which was not finalised on the giving of that notice or public interest considerations which, at that time, were not finalised; no other public interest consideration is mentioned in the notice; at least 24 weeks has elapsed since the giving of the notice; and the public interest consideration mentioned in the notice has not been finalised within that period of 24 weeks or (as the case may be) none of the public interest considerations mentioned in the notice has been finalised within that period of 24 weeks. Where a reference ... under section 45 specifies a public interest consideration which has not been finalised before the making of the reference, the CMA shall not give its report to the Secretary of State under section 50 in relation to that reference unless— the period of 24 weeks beginning with the giving of the intervention notice concerned has expired; or the public interest consideration concerned has been finalised; or the report must be given to the Secretary of State to ensure compliance with article 9(6) of the European Merger Regulations. The CMA shall, in reporting on any of the questions mentioned in section 47(2)(b), (3), (5)(b), (6) and (7), disregard any public interest consideration which has not been finalised before the giving of the report. The CMA shall, in reporting on any of the questions mentioned in section 47(2)(b), (3), (5)(b), (6) and (7), disregard any public interest consideration which was not finalised on the giving of the intervention notice concerned and has not been finalised within the period of 24 weeks beginning with the giving of the notice concerned. Subsections (1) to (4) are without prejudice to the power of the CMA to carry out investigations in relation to any public interest consideration to which it might be able to have regard in its report.

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