Intellectual Property (Miscellaneous Provisions) Act 2014

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Amendment of Act of 2002

4. (1) The Act of 2002 is amended—

(a) in subsection (4B) (inserted by section 59 of the Act of 2014) of section 22, by the insertion of “and paragraph (b) (inserted by section 4 of the Intellectual Property (Miscellaneous Provisions) Act 2014) of section 28B(2) ” after “section 28A(1) ”,

(b) in section 28B (inserted by section 74 of the Act of 2014), by the substitution of the following paragraph for paragraph (b) of subsection (2):

“(b) notwithstanding paragraph (a), shall not be made before whichever of the following dates is applicable:

(i) the date of a determination by the Commission under paragraph (a) of section 21(2) or under paragraph (a) or (c) of section 22(3);

(ii) the day after the period specified in subsection (2) of section 21 has elapsed without the Commission having informed the undertakings that made the notification concerned of the determination (if any) it has made under paragraph (a) or (b) of that subsection (2);

(iii) where the Commission has made a determination under section 21(2) (b), the day after—

(I) 120 working days have elapsed after the appropriate date within the meaning of section 19(6), or

(II) where a requirement or requirements referred to in section 22(4A) were made under section 20(2), 120 working days and any period of suspension that applied pursuant to section 22(4A) have elapsed after the appropriate date within the meaning of section 19(6),

without the Commission having made a determination under section 22;

(iv) the date of a decision of the European Commission under Article 6(1) (b) or Article 8(1) or (2) of the Council Regulation;

(v) the date that Article 10(6) of the Council Regulation comes into effect.”,

and

(c) in section 28E (inserted by section 74 of the Act of 2014), by the substitution of “subsection (7) ” for “subsection (8) ” in paragraph (b) of subsection (13).

(2) Where a media merger was notified under Part 3A (inserted by section 74 of the Act of 2014) of the Act of 2002 before the commencement of this section, then, upon such commencement, the Act of 2002 shall apply to the media merger as if the amendments effected by paragraphs (a) and (b) of subsection (1) had not been made.

(3) In this section—

“Act of 2002” means the Competition Act 2002 ;

“Act of 2014” means the Competition and Consumer Protection Act 2014 .