ABSTRACT
The provisions for determining which mergers may qualify for investigation, primarily in s 23 of the Enterprise Act, are very similar to those under the Fair Trading Act. The first requirement is that two or more enterprises have ceased to be distinct enterprises. In addition, the merger must satisfy one of two alternative tests, either that: (a) the value of the turnover in the UK of the enterprise being taken over exceeds
£70 m; or (b) the 25% market share supply test is satisfied.
