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The CMA considers that there is insufficient time remaining in the statutory period for full and proper consideration of Microsoft's submission on the proposed Order. As such, the Inquiry Group considers that there are special reasons to extend by six weeks under section 41A(2) of the Act the period for the discharge of its duty under section 41(2) of the Act.

The revised period will therefore end on 29 August 2023. However, the Inquiry Group aims to discharge its duty as soon as possible and in advance of this date.

Pixis Said:

The CMA have about 12 weeks from the date of their final report to make the final order. This would have been on 18 July but under statute the CMA can extend that period by 6 weeks to make the final order, which is what they’ve done here.

Pixis Said:

The CMA are under a duty under the Enterprise Act to consider if there has been a material change of circumstances since their report (or if they have a special reason for acting differently). If Microsoft are proposing (which it seems like they are!) a deal restructure and such then that constitutes a material change of circumstances such that the CMA need to extend (given they won’t have time, as they mention, to consider those changes before the current final order deadline). So it’s a combination of Microsoft proposing potentially but more the CMA being somewhat bound to extend as a result.