British United Provident Association and Salomon International LLC/Community Hospitals Group plc

Terms of reference

Whereas it appears to the Secretary of State that it is or may be the fact that a merger situation qualifying for investigation, as defined in section 64(8) of the Fair Trading Act 1973 ("the Act"), has been created in that:

enterprises carried on by or under the control of Salomon International LLC have within the four months preceding the date of this reference ceased to be distinct from enterprises carried on by or under the control of Community Hospitals Group plc (a body corporate incorporated in the United Kingdom);
enterprises carried on by or under the control of British United Provident Association and Salomon International LLC have within the four months preceding the date of this reference ceased to be distinct from enterprises carried on by or under the control of Community Hospitals Group plc; and
in either case the value of the assets taken over exceeds 70 million.

Now therefore the Secretary of State, in exercise of his powers under sections 64, 65, 69(2), and 77 of the Act, hereby refers to the Competition Commission ("the Commission") for investigation and report within a period ending on 8 November 2000 the following questions:

whether a merger situation qualifying for investigation has been created as a result of the matters described in (a) or (b) above; and
if so, whether the creation of that situation operates, or may be expected to operate, against the public interest.

In relation to the question in paragraph (i) above, the Commission shall exclude from consideration one of paragraphs (a) and (b) of section 64(1) of the Act if they find the other satisfied.

Last revised 08/00