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PART V |
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MONOPOLIES AND MERGERS |
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References to the Monopolies and Mergers Commission |
| | 12. - (1) If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed.
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(2) The provisions are-
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(a) sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41), |
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(b) section 11(8)(b) of the Competition Act 1980 (c. 21), |
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(c) section 14(2) of the Telecommunications Act 1984 (c. 12), |
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(d) section 45(3) of the Airports Act 1986 (c. 31), |
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(e) section 25(2) of the Gas Act 1986 (c. 44), |
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(f) section 13(2) of the Electricity Act 1989 (c. 29), |
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(g) section 15(2) of the Water Industry Act 1991 (c. 56), |
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(h) article 16(2) of the Electricity (Northern Ireland) Order 1992, |
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(i) section 14(2) of the Railways Act 1993 (c. 43), |
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(j) article 16(2) of the Gas (Northern Ireland) Order 1996. |
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Orders under Schedule 8 of the Fair Trading Act 1973 (c. 41) |
| | 13. - (1) In this paragraph-
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| | "the 1973 Act" means the Fair Trading Act 1973; |
| | "agreement" means an agreement entered into before the date on which the repeal of the limiting provisions comes into force; |
| | "the order" means an order under section 56 or 73 of the 1973 Act; |
| | "the limiting provisions" means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and |
| | "transitional period" means the period which- |
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(a) begins on the day on which the repeal of the limiting provisions comes into force; and
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(b) ends on the first anniversary of the commencement date.
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(2) Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.
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(3) As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.
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