The Fair Trading Act (Amendment) (Merger Prenotification) Regulations 1994
These Regulations amend the provisions under which the Director General of Fair Trading can extend the period for considering a notice given under section 75A of the Fair Trading Act 1973 in respect of a prospective merger (a merger notice). Unless a merger is referred to the Monopolies and Mergers Commission within the period for considering the notice, no reference may be made. At present section 75B(3) of the 1973 Act provides for the possibility of one extension of the period for considering a notice of ten days and a second possible extension of fifteen days. These Regulations amend section 75B(3) of the 1973 Act by providing instead for a single possible extension of the period for considering a merger notice of fifteen days. They also make a consequential amendment to regulation 3 of the Merger (Prenotification) Regulations 1990 which specifies the time before the end of the period for considering a merger notice within which material information is to be disclosed.