The Competition and Markets Authority1 or (as the case may be) the Secretary of State2 may apply to the comptroller3 to take action4 where:
(1) the provisions of the Enterprise Act 20025 relating to powers to take remedial action following merger or market investigations apply6;
(2) the Competition and Markets Authority or (as the case may be) the Secretary of State considers that it would be appropriate to make an application7 for the purpose of remedying, mitigating or preventing a matter which cannot be dealt with under the enactment concerned8; and
(3) the matter concerned involves: (a) conditions in
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