Consultation outcome

Draft guidance on requests for internal documents in merger investigations

This consultation has concluded

Detail of outcome

The CMA has published its response to the consultation and issued guidance on requests for internal documents in merger investigations.

Feedback received

Response to consultation

Addleshaw Goddard

Allen & Overy

American Bar Association

Baker McKenzie

Bryan Cave Leighton Paisner LLP

City of London Law Society Competition Law Comittee

Clifford Chance LLP

Freshfields Bruckhaus Deringer LLP

Herbert Smith Freehills LLP

International Bar Association's Mergers Working Group

Law Society of Scotland

Linklaters LLP

Mayer Brown LLP

Matheson

Merger Streamlining Group

Norton Rose Fulbright LLP

Pinsent Masons LLP

Slaughter and May

White & Case LLP

Detail of feedback received

The responses can be found above.

Original consultation

Summary

Consultation on draft guidance on requests for internal documents

This consultation ran from
to

Consultation description

We are consulting on draft guidance in relation to requests for internal documents in UK merger investigations.

In some cases, the CMA will require parties to provide internal documents (for example, documents that parties have generated internally in the ordinary course of business) to inform its investigation. The CMA’s proposed guidance is intended to help parties to provide complete and accurate responses to document requests to enable the CMA to carry out its statutory functions.

The draft guidance is intended to supplement and clarify the guidance in Mergers: Guidance on the CMA’s Jurisdiction and Procedure (CMA2). This guidance is primarily intended for merging parties and legal advisers advising on a transaction that may be subject to merger investigation by the CMA. The draft guidance should also be used by third parties that have been requested to provide information in merger investigations.

The draft guidance is intended to provide further clarification in relation to the circumstances in which the CMA will request the production of internal documents, either through informal requests for information or under the statutory powers provided by section 109 of the Enterprise Act. The draft guidance also explains how CMA case teams may approach such requests and how merging parties are likely to be expected to respond.

Documents

Consultation document

Draft guidance

Published 28 March 2018
Last updated 15 January 2019 + show all updates
  1. Responses to consultation published.
  2. First published.