421. Powers exercisable following merger and market investigations.

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.  

   (1)     the provisions of the Enterprise Act 2002⁵ relating to powers to take remedial action following merger or market investigations apply⁶;

2.  

   (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.  

   (3)     the matter concerned involves: (a) conditions in