Part 2: Competition Chapter 2: Mergers New Schedule 6B, Part 3 - Power to amend circumstances in which there is control or influence
Part 3 of new Schedule 6B provides the Secretary of State with a power to make regulations to amend the requirements which must be satisfied in order for a foreign power to be considered to have control or influence. This includes the capacity to change specified proportions of shares or rights (paragraph 15(1)(a) and (b)), the assumptions to be made regarding control or influence including with reference to ownership of those shares or rights (paragraph 15(1)(c)), and the point at which ‘control’ or ‘influence’ will be considered to come within new section 70A (paragraph 15(1)(d)); as well as to change or supplement new Schedule 6B, Part 1 such as to include other circumstances which would come to a similar effect as the conditions set out in that Part. The power can be used to apply such changes from 13 March 2024.
	Paragraph 15(3) confirms that such regulations may confer a discretion on the CMA.