Section 68B

The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA believes that it is or may be the case that— but this is subject to subsections (2) and (3). a relevant merger situation involving an energy network merger has been created, and the creation of that situation has caused, or may be expected to cause, substantial prejudice to the ability of the Gas and Electricity Markets Authority, in carrying out its functions under Part 1 of the Gas Act 1986 or Part 1 of the Electricity Act 1989, to make comparisons between energy network enterprises of the type involved in the energy network merger; The CMA may decide not to make a reference under this section if it believes that any relevant customer benefits in relation to the creation of the relevant merger situation outweigh the prejudice mentioned in subsection (1)(b). The CMA may not make a reference under this section— in any circumstances mentioned in section 22(3)(za) to (b) or (d), or if the relevant merger situation concerned is being, or has been, dealt with in connection with a reference made under section 68C. A reference under this section must, in particular, specify— the enactment under which it is made, and the date on which it is made.

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