Competition and Consumer Protection Act 2014

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Amendment of section 22 of Act of 2002

59. Section 22 of the Act of 2002 is amended—

(a) in subsection (4) —

(i) in paragraph (a), by substituting “120 working days” for “4 months”, and

(ii) in paragraph (b), by substituting “60 working days” for “one month”,

and

(b) by inserting the following subsections after subsection (4):

(4A) Notwithstanding subsection (4)(a), if the Commission has, under section 20(2), made, not later than 30 working days from the date of its determination under section 21(2)(b), a requirement or requirements of one or more of the undertakings concerned, the period of 120 working days referred to in subsection (4)(a) shall stand suspended on the date that the first requirement is made and shall resume—

(a) on the date on which the requirement is complied with or, in case 2 or more requirements are made and each is complied with, on whichever of the dates on which the requirements are complied with is the later or latest,

(b) where the requirement is not complied with or each of the 2 or more requirements is not complied with, on the date immediately following the expiry of the period specified in the requirement or, as the case may be, on the date immediately following the expiry of whichever of the respective periods specified in the requirements is the last to expire, or

(c) in case 2 or more requirements are made but one or more but not all of them are complied with, on the later or latest of the following dates, namely the dates provided by applying—

(i) paragraph (a) to the requirement or requirements complied with, and

(ii) paragraph (b) to the requirement or requirements not complied with.

(4B) If any of the undertakings that have made the notification concerned submits to the Commission during a full investigation under this section proposals to which section 20(3) applies, subsections (4) and (4A), section 19(1)(d) and, in the case of a media merger, paragraph (c) of the definition of ‘relevant date’ in section 28A(1) (inserted by section 74 of the Competition and Consumer Protection Act 2014), shall apply as if ‘135 working days’ were substituted for ‘120 working days’ in those provisions.”