Commentary on Sections Summary and Background Reports on references Section 48: Cases where references or certain questions need not be decided
165.This section provides that, in certain circumstances, the CC need not decide certain questions in relation to a case that raises public interest considerations.
166.Subsection (1) provides for the CC to cancel a reference in relation to an anticipated merger where it believes that the arrangements for that merger transaction have been abandoned. Subsections (2) and (3) allow the Secretary of State to frame references in a way that requires the CC to limit the questions that it has to consider in deciding whether a relevant merger situation has been or will be created.