Schedule 4, paragraph 9

Section 123 (power to alter share of supply test) is amended as follows. In the heading, for “share of supply test” substitute “conditions for a relevant merger situation”. In subsection (2), at the end insert— to amend or replace the condition mentioned in paragraph (a) of subsection (4C) of that section. After subsection (3) insert— In exercising the power under subsection (1) to amend or replace the condition mentioned in subsection (4D) or (4E) of section 23 or any condition which for the time being applies instead of it, the Secretary of State must, in particular, have regard to the desirability of ensuring that any amended or new condition continues to operate by reference to the degree of commercial strength that at least one of the enterprises concerned would have had if the enterprises concerned had not ceased to be distinct enterprises.

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Source: legislation.gov.uk · retrieved 2026-07-30