Section 52Part 8 — Merger control
Appraisal of change in control
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Where the Office, on receiving a notification made under this Part —
forms an opinion that the proposed change of control would not have adverse effects, the Office shall issue an administrative determination giving consent to the merger; or
forms an opinion that the proposed change would have adverse effects, the Office shall by adjudication take one of the following actions —
declare the merger incompatible with this Part and deny its consent;
give consent subject to an order that the acquirer or the licensee concerned takes the action that the Office considers necessary to eliminate or avoid any such effect; or
give consent without issuing an order under subparagraph (ii) if the Office is satisfied that any substantiated and likely efficiencies put forward by the acquirer or the licensee are necessary and outweigh any potential harm to consumers and citizens.
The Office shall, before forming any opinion or issuing any adjudication under subsection (1) —
give the acquirer, the licensee and any interested persons a reasonable opportunity to make representations; and
consider the representations, if any, made under subsection (1)(a).
The Office shall, by notice in writing, inform the acquirer and the licensee of —
the adjudication made under subsection (1); and
where adjudication is made under subsection (1)(b)(ii), the action that the Office orders the acquirer or the licensee to take.
Referenced By
- Section 54 — Timetable for appraisal of changes in control
adjudication procedures