Consultation outcome

Mergers: exception to the duty to refer in markets of insufficient importance

This consultation has concluded

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Detail of outcome

The CMA has published its response to the consultation and updated guidance on the exception to the duty to refer in markets of insufficient importance.

Feedback received

Adrian Payne Consulting

Allen & Overy LLP

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Ashurst LLP

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British Institute of International and Comparative Law

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Charles Russell Speechlys LLP

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The City of London Law Society - Competition Law Committee

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Cleary Gottlieb Steen & Hamilton LLP

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Clifford Chance LLP

Debevoise & Plimpton LLP

Forum of Private Business

Freshfields Bruckhaus Deringer LLP

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Herbert Smith Freehills LLP

Law Society of Scotland

Pennon Group

Pinsent Masons LLP

Simmons & Simmons LLP

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Stagecoach Group plc

Detail of feedback received

The responses can be found above.

Original consultation

Summary

The CMA is consulting on changes to reduce the number of mergers it investigates in smaller markets.

This consultation ran from
to

Consultation description

The Competition and Markets Authority (CMA) is inviting views on amendments to the CMA’s guidance on the application of the exception to the duty to refer a merger in markets of insufficient importance.

The exception to the duty to refer is designed to avoid investigations where the costs involved would be disproportionate to the size of the market concerned.

Specifically, the CMA is seeking views on its proposals to increase the market size thresholds where the CMA believes the exception generally will or will not apply.

Documents

Published 23 January 2017
Last updated 16 June 2017 + show all updates
  1. Responses to consultation published.
  2. First published.