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Session 2001- 02
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Standing Committee Debates
Enterprise Bill

Enterprise Bill

Standing Committee B

Thursday 25 April 2002

(Afternoon)

[Nigel Beard in the Chair]

Enterprise Bill

2.30 pm

The Chairman: Let me alert the Committee to the fact that as we are meeting on Wednesday next week this Room will not be available, so from Tuesday, we will meet in Room 12.

Mr. Nigel Waterson (Eastbourne): On a point of order, Mr. Beard. It might be convenient if I raise one other matter before we resume our discussions. Although the hon. Member for North-East Derbyshire (Mr. Barnes) reminded us that the entire procedure is a mere formality, I would like to ask the Minister whether we will have sight of draft regulations or guidance on this technical and important part of the legislation.

The Parliamentary Under-Secretary of State for Trade and Industry (Miss Melanie Johnson): It may be helpful if I check out the detail of what will be necessary and what is available and communicate that to the Committee shortly, either orally or in writing.

Clause 20

Duty to make references in relation to completed mergers

Amendment proposed [this day]: No. 211, in clause 20, page 10, line 33, leave out from 'result' to end of line 35 and insert–

    'in the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.–[Mr. Waterson.]

Question again proposed, That the amendment be made.

The Chairman: I remind the Committee that with this we are taking the following amendments: No. 123, in page 10, line 35, at end insert–

    'or

    (c) the creation of that situation has operated, or may be expected to operate, against the public interest.'.

No. 217, in clause 31, page 19, line 15, leave out from 'result' to end of line 17 and insert–

    'in the creation or strengthening of a dominant position, as a result of which competition is likely to be significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 126, page 19, line 17, at end insert–

    'or

    (c) the creation of that situation has operated, or may be expected to operate, against the public interest.'.

No. 128, in clause 33, page 20, line 20, at end insert–

    'or

    (c) the creation of that situation has operated, or may be expected to operate, against the public interest.'.

Column Number: 284

No. 220, page 20, line 23, leave out from 'result' to end of line 25 and insert–

    'in the creation or strengthening of a dominant position, as a result of which competition may be significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 221, page 20, line 28, leave out from 'result' to end of line 30 and insert–

    'in the creation or strengthening of a dominant position, as a result of which competition may be significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 222, page 20, line 35, after 'preventing', insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 223, page 20, line 40, after 'preventing', insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 224, page 21, line 3, after 'practicable', insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 225, in clause 34, page 21, line 25, leave out from 'in' to end of line 27 and insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 129, page 21, line 27, at end insert–

    'or

    (c) the creation of that situation has operated, or may be expected to operate, against the public interest.'.

No. 226, page 21, line 32, after 'preventing', insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 227, page 21, line 36, after 'preventing', insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 228, page 21, line 43, after 'practicable', insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 231, in clause 39, page 25, line 11, leave out from 'prevent' to end of line 12 and insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 232, page 25, line 14, leave out from 'from' to end of line 15 and insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 233, page 25, line 23, leave out from 'to' to end of line 24 and insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 235, in clause 42, page 28, line 34, leave out from 'in' to end of line 35 and insert–

Column Number: 285

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 239, page 28, line 34, leave out from 'in' to end of line 35 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 240, in clause 43, page 29, line 27, leave out from first 'of' to 'the' in line 28 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 241, page 29, line 35, leave out from 'result' to end of line 36 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 242, page 30, line 1, leave out from 'result' to end of line 3 and insert–

    'in the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 243, page 30, line 7, leave out from first 'of' to end of line 10 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services.'.

No. 244, page 30, line 15, leave out from 'in' to end of line 17 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 245, in clause 45, page 31, line 26, leave out from 'in' to end of line 27 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 246, page 31, line 28, leave out from 'any' to 'concerned' in line 30 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 247, page 31, line 43, leave out from 'in' to end of line 45 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 248, page 32, line 1, leave out from 'any' to end of line 4 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 249, page 32, line 26, leave out from 'be' to 'it' in line 27 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 250, page 32, line 31, leave out from 'preventing' to end of line 34 and insert–

Column Number: 286

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 251, page 32, line 36, leave out from 'preventing' to end of line 39 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 252, page 32, line 46, leave out from 'be)' to end of line 47 and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 256, in clause 53, page 38, line 21, leave out

    'substantial lessening of competition'

and insert–

    'the creation or strengthening of the dominant position, as a result of which competition may have been significantly reduced within any market or markets in the United Kingdom for goods or services'.

No. 274, in clause 69, page 50, line 29, leave out

    'the substantial lessening of competition'

and insert–

    'creating or strengthening a dominant position, as a result of which competition may have been significantly reduced'.

No. 275, page 50, line 36, leave out

    'substantial lessening of competition and any adverse effects resulting from it'

and insert–

    'the creation or strengthening of a dominant position, as a result of which competition may have been significantly reduced'.

 
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Prepared 25 April 2002