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PART 3
Miscellaneous amendments to Principal Act
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Amendment of section 18 of Principal Act
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14. Section 18 of the Principal Act is amended—
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(a) by the insertion of the following subsections after subsection (3):
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“(3A) Any of the undertakings involved in a merger or acquisition that—
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(a) is not required to be notified under subsection (1), and
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(b) was not notified under subsection (3),
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may notify the Commission in writing of the merger or acquisition after it has been put into effect, and provide full details of the merger or acquisition concerned.
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(3B) The Commission may review any notification made to it under subsection (3) or (3A) and may, in relation to such notification, take interim measures.”,
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and
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(b) in subsection (2)(c)—
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(i) by the substitution of the following subparagraph for subparagraph (i):
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“(i) subparagraphs (i) and (ii) of subsection (1)(a), in their application to the part of an undertaking mentioned in section 16(1)(c), shall apply as if the references to turnover in the State were, in relation to that part of an undertaking, references to turnover in the State generated from the assets of that part of an undertaking that are the subject of the acquisition mentioned in section 16(1)(c),”,
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and
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(ii) by the substitution of the following subparagraph for subparagraph (ii):
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“(ii) notwithstanding paragraph (b), that part of an undertaking mentioned in section 16(1)(c) shall, for the purposes of paragraph (a) or (b) of subsection (1) but not so as to place on it an obligation to notify the Commission of the proposal to put the merger or acquisition into effect, be deemed to be involved in the merger or acquisition.”,
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(c) in subsection (9), by the substitution of “subsection (1), section 18A(1) or section 20(2) an undertaking, the person in control of an undertaking, or (in the case of section 20(2) ) other person” for “subsection (1) or section 20(2) an undertaking, or the person in control of an undertaking”, and
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(d) by the insertion of the following subsection after subsection (14):
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“(15) Summary proceedings in relation to an offence under subsection (9) may be brought by the Commission.”.
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