ABSTRACT
For simplicity of reference this section has been termed the referral stage although it may be more accurate to depict it as the stage at which it will be decided whether to make a formal reference to the CC. The OFT makes references and is under a duty to refer mergers which satisfy the statutory threshold. It should be noted that there are almost identical provisions in ss 22 and 33 regarding, respectively, the duty to refer completed and anticipated mergers. The OFT’s activities under merger control are coordinated by its Mergers Branch, which is part of the Competition Enforcement Division. Decisions as to which mergers are to be referred involve a number of separate sub-stages where the following questions are to be addressed: (a) Does Community competition law preclude the exercise of UK merger control? (b) Is a ‘relevant merger situation’ established? (c) Is the SLC test satisfied? (d) Can and should undertakings be sought in lieu of a reference? (e) Is notification possible?
