Commentary on Sections Summary and Background Special public interest cases
190.These sections provide for an exceptional category of mergers that may be referred for investigation on public interest grounds, even though they do not meet the normal qualifying thresholds (the turnover test or the share of supply test). These include mergers involving certain government contractors (or subcontractors) who may hold or receive confidential information or material relating to defence.
191.They will not be scrutinised on competition grounds, but against public interest considerations only.