S.C.B.
Amendment Paper as at
Tuesday 30th April 2002
STANDING COMMITTEE B
New Amendments handed in are marked thus *
ENTERPRISE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (16th April).
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
399
*Clause 195, page 139, line 4, leave out from beginning to end of line 8 on page 140.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
400
*Clause 195, page 140, leave out lines 9 to 34.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
401
*Clause 195, page 140, line 20, at end insert 'without the leave of the Court'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
402
*Clause 195, page 140, leave out lines 26 to 28.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
215
Clause 21, page 11, line 46, leave out '45' and insert '70'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
65
Clause 21, page 12, leave out lines 7 to 46 and insert—
'( ) The condition mentioned in this subsection is that the merger would create or strengthen a share of 25 per cent. or more in any relevant market in the United Kingdom or a substantial part of the United Kingdom'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
131
Clause 21, page 12, line 7, leave out from 'that' to end of line 46 and insert 'the merger would create or strengthen a share of 25 per cent. or more in any relevant market in the United Kingdom or a substantial part of the United Kingdom'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
216
Clause 21, page 13, line 6, at end add—
'(10) Notwithstanding the above, a relevant merger situation shall not be deemed to have arisen for the purposes of this Part if the transaction in question has no effects (either actual or potential) in the United Kingdom or any part of it.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
Dr Vincent Cable
64
Clause 31, page 19, line 11, leave out 'shall' and insert 'may at its discretion'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
217
Clause 31, page 19, line 15, leave out from 'result' to end of line 17 and insert 'in the creation or strengthening of a dominant position, as a result of which competition is likely to be significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr Harry Barnes
Alice Mahon
John McDonnell
Mr Kelvin Hopkins
David Hamilton
Ms Diane Abbott
126
Clause 31, page 19, line 17, at end insert 'or
| (c) | the creation of that situation has operated, or may be expected to operate, against the public interest.'. |
Mr Harry Barnes
Alice Mahon
John McDonnell
Mr Kelvin Hopkins
David Hamilton
Ms Diane Abbott
127
Clause 31, page 19, line 18, leave out subsection (2).
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
219
Clause 31, page 19, line 26, after 'customer', insert 'and supplier'.
Miss Melanie Johnson
177
Clause 31, page 19, line 27, after 'outweigh' insert 'the substantial lessening of competition concerned and'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
218
Clause 31, page 19, line 28, at end insert—
| '(d) | the enterprise which is the subject of the proposed merger will become insolvent within the immediate future; the market shares of the enterprise would in any event go to the acquiring party; and there is no less anti-competitive way of selling the company.'. |
Mr Harry Barnes
Jeremy Corbyn
Mr Dennis Skinner
Mr Robert N. Wareing
Lynne Jones
Mr Terry Lewis
165
Clause 31, page 20, line 1, at end add—
'(5) In determining for the purposes of this Part whether the creation of any situation has operated, or may be expected to operate, against the public interest, the decision-making authority shall take into account all matters which appear to it in the particular circumstances to be relevant and, among other things, shall have regard to the desirability—
| (a) | of maintaining and promoting effective competition between persons supplying goods and services in the United Kingdom; |
| (b) | of promoting the interests of consumers, purchasers and other users of goods and services in the United Kingdom in respect of the prices charged for them and in respect of their quality and the variety of goods and services supplied; |
| (c) | of promoting, through competition, the reduction of costs and the development and use of new techniques and new products, and of facilitating the entry of new competitors into existing markets. |
| (d) | of maintaining and promoting the balanced distribution of industry and employment in the United Kingdom; and |
| (e) | of maintaining and promoting competitive activity in markets outside the United Kingdom on the part of producers of goods and of suppliers of goods and services, in the United Kingdom.'. |
Mr Harry Barnes
Alice Mahon
John McDonnell
Mr Kelvin Hopkins
David Hamilton
Ms Diane Abbott
128
Clause 33, page 20, line 20, at end insert 'or
| (c) | the creation of that situation has operated, or may be expected to operate, against the public interest.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
220
Clause 33, page 20, line 23, leave out from 'result' to end of line 25 and insert 'in the creation or strengthening of a dominant position, as a result of which competition may be significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
221
Clause 33, page 20, line 28, leave out from 'result' to end of line 30 and insert 'in the creation or strengthening of a dominant position, as a result of which competition may be significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
222
Clause 33, page 20, line 35, after 'preventing', insert 'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
223
Clause 33, page 20, line 40, after 'preventing', insert 'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
224
Clause 33, page 21, line 3, after 'practicable', insert 'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
225
Clause 34, page 21, line 25, leave out from 'in' to end of line 27 and insert 'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.
Mr Harry Barnes
Alice Mahon
John McDonnell
Mr Kelvin Hopkins
David Hamilton
Ms Diane Abbott
129
Clause 34, page 21, line 27, at end insert 'or
| (c) | the creation of that situation has operated, or may be expected to operate, against the public interest.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Richard Page
Mr Jonathan Djanogly
Mr Mark Field
226
Clause 34, page 21, line 32, after 'preventing', insert 'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.
