Strategic review of merger remedies 2025
Consultation description
Undertakings and orders are the primary means by which the Competition and Markets Authority (CMA) implements remedies to resolve any competition concerns it finds following a merger investigation under the Enterprise Act 2002 (the Act). Remedies can take different forms such as the prohibition of a merger, the divestiture of a business or behavioural commitments to do or refrain from doing certain things.
The CMA has a statutory duty under section 92 of the Act to keep undertakings and orders under review. From time to time, the CMA must consider whether, by reason of any change of circumstances:
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undertakings are no longer appropriate and need to be varied, superseded or one or more parties released; or
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an order is no longer appropriate and needs to be varied or revoked
We are conducting a CMA-initiated strategic review of a number of merger remedies in our portfolio. A strategic review enables the CMA to review and vary, release or revoke remedies efficiently, thereby reducing the regulatory burden on businesses subject to those remedies, and enabling the CMA to focus on monitoring and enforcing those remedies for which there is still a need.
The remedies in this strategic review include:
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2 remedies relating to the award of rail franchises which have been brought back into public ownership
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35 divestiture remedies which are over 10 years old and where the only material ongoing obligations are continued separation obligations
The CMA is discharging its duty under Schedule 10 of the Act by publishing a Notice of intention to release (the Notice) such remedies and to consult on that notice for a minimum of 15 days (in the case of the undertakings) or 30 days (in the case of the one order included within the strategic review).
How to respond
Submit your response to srmr@cma.gov.uk
Please include a non-confidential version of your response that you are happy for the CMA to publish alongside the outcome.
Cases included in this review
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Admenta / IPCC Merger
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Blackstone LR Associates (Cayman) IV Ltd / UGC Cinemas Holdings Limited
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Carlyle Group / Palamon Capital / Integrated Dental Holdings Group and Associated Dental Practices
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Co-operative Group (CWS) Limited / Fairways Group UK Limited
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The Co-operative Group (CWS) Limited / United Co-operative Limited
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Co-operative Group / Lothian Borders and Angus Co-operative Society
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Enterprise Inns plc / Laurel Pub Group Ltd
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Greene King plc / Laurel Pub Holdings Limited – 2006
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Hanson plc / Pioneer International Limited
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Schlumberger Limited / The Raytheon Company
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Solway Foods (Boparan Holdings Ltd) / Premier Foods (Brookes and Avana businesses)