Legislation – The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)
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X1PART 3Amendment of Part 3 of the 2019 Regulations: amendment of the Enterprise Act 2002
13.
“59A.
(1)
Schedule 10 is amended as follows.
(2)
In the heading to Schedule 10, after “UNDERTAKINGS” insert“
, COMMITMENTS
”.
(3)
In the italic heading before paragraph 1, after “undertakings” insert“
and commitments
”.
(4)
In paragraph 1—
(a)
omit the “and” at the end of sub-paragraph (a);
(b)after sub-paragraph (a) insert—
“(aa)
any commitment which varies or supersedes a retained EU merger commitment under section 84A (but does not apply to such a commitment which falls within paragraph 1A); and”;
(c)
in sub-paragraph (b), for “or 84” substitute“
, 84 or 84C
”.
(5)After paragraph 1 insert—
“1A.
A commitment falls within this paragraph if—
(a)
it does not vary the retained EU merger commitment in any material respect; or
(b)
it only extends a time limit or time limits specified in the retained EU merger commitment.”.
(6)
In paragraph 2(1)M1—
(a)
in the words before paragraph (a), after “an undertaking” insert“
or commitment
”;
(b)
in paragraph (a), after “proposed undertaking” insert“
, commitment
”.
(7)
In paragraph 2(2)—
(a)
in paragraph (a), after “undertaking” insert“
or commitment
”;
(b)
paragraphs (b) and (c), after “undertaking”, in both places, insert“
, commitment
”;
(c)
in paragraph (d), after “undertaking” insert“
or commitment
”;
(d)
in paragraph (e), after “undertaking” insert“
, commitment
”;
(e)
in paragraph (f)—
(i)
after “an undertaking” insert“
or commitment
”;
(ii)
after “proposed undertaking” insert“
, commitment
”.
(8)
In paragraphs 2(4) and 3(1), after “undertaking”, in both places, insert“
or commitment
”.
(9)
In paragraph 4—
(a)
in the words before sub-paragraph (a) and in sub-paragraph (a), after “undertaking”, in both places, insert“
or commitment
”;
(b)
in sub-paragraph (b), after “undertaking” insert“
, commitment
”.
(10)
In paragraph 5(1), in paragraph (a), after “undertaking” insert“
, commitment
”.
(11)
In the italic heading before paragraph 6, after “undertakings” insert“
, commitments
”.
(12)
In paragraph 6—
(a)
omit the “or” at the end of sub-paragraph (a);
(b)after sub-paragraph (a) insert—
“(aa)
release a retained EU merger commitment under section 84A (other than in connection with accepting a commitment which varies or supersedes a retained EU merger commitment); or”;
(c)
in sub-paragraph (b), for “or 84” substitute“
, 84 or 84C
”.
(13)
In paragraphs 7 and 8, after “undertaking”, in each place it occurs, insert“
or commitment
”.”.