Consultation outcome

Initial enforcement orders and derogations in merger investigations

This consultation has concluded

Download the full outcome

Detail of outcome

The CMA has published its response to the consultation and issued new guidance on the use of IEOs and derogations in merger investigations. It has also published a revised IEO template and a new derogation request template.

Feedback received

Addleshaw Goddard LLP

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Allen & Overy LLP

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Ashurst LLP

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Clifford Chance LLP

Freshfields Bruckhaus Deringer LLP

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Simmons & Simmons LLP

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Slaughter and May

Detail of feedback received

The responses can be found above.

Original consultation

Summary

A consultation on draft guidance on the CMA’s use of initial enforcement orders (IEOs) and derogations in merger investigations.

This consultation ran from
to

Consultation description

The Competition and Markets Authority (CMA) is inviting views on our guidance on IEOs and derogations in merger investigations.

This guidance aims to supplement and clarify the guidance in Mergers: Guidance on the CMA’s Jurisdiction and Procedure (CMA2). It reflects experience gained since the current system was introduced in April 2014.

The purpose of an IEO is to prevent the further integration of the businesses of the parties. Merger parties often ask for (and the CMA grants, if appropriate) derogations to allow actions which otherwise would be in breach of the IEO.

The guidance sets out how the CMA uses IEOs and its approach to derogations.

Documents

Published 22 March 2017
Last updated 5 September 2017 + show all updates
  1. Consultation responses published.
  2. First published.