The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008
Where a relevant merger situation has been created or arrangements are in progress which, if carried into effect, will result in the creation of a relevant merger situation, as defined in section 23 of the Enterprise Act 2002 (the “Act”), the Secretary of State has the power to give a notice to the Office of Fair Trading if he believes that it is or may be the case that one or more than one public interest consideration is relevant to a consideration of the relevant merger situation. Section 59 provides the Secretary of State with a similar power to issue an intervention notice in a special merger situation, as defined in section 59(3) of the Act.