Consultation outcome

Updates to the CMA’s mergers procedural guidelines (CMA2 and CMA56)

This consultation has concluded

Download the full outcome

Summary of responses

Detail of outcome

The CMA has published updated guidance on its mergers jurisdiction and procedure and the operation of its mergers intelligence function. These documents have been updated in preparation for the end of the Transition Period following the UK’s departure from the European Union. The proposed updates also reflect a series of changes in UK merger control over recent years, as the CMA’s practice has developed and the UK Courts have clarified various aspects of the framework.

Feedback received

Addleshaw

Allen & Overy

Baker Mckenzie

Cleary Gottlieb Steen & Hamilton

CLLS

CMS

Dentons

Dickson Minto

Eversheds Sutherland

Freshfields

Herbert Smith Freehills

JWP

The Law Society

Law Society of Scotland

Slaughter May

White and Case

Detail of feedback received

The CMA received 16 responses to the consultation.


Original consultation

Summary

The CMA is consulting on proposed updates to its published guidance relating to its procedures in operating the merger control regime as set out in the Enterprise Act 2002.

This consultation ran from
to

Consultation description

These documents have been updated in preparation for the end of the Transition Period following the UK’s departure from the European Union. The proposed updates also reflect a series of changes in UK merger control over recent years, as the CMA’s practice has developed and the UK Courts have clarified various aspects of the framework.

The updated guidance aims to streamline the CMA’s processes, increase investigative efficiency, and emphasise the importance of cooperation and coordination with international competition agencies following the end of the Transition Period.

Responses to the consultation document should be provided to MergersProceduralGuidance@cma.gov.uk by no later than 5pm on 4 December 2020.

Documents

Draft revised CMA2 guidance

Draft revised CMA56 guidance

Published 6 November 2020
Last updated 23 December 2020 + show all updates
  1. Responses to consultation and updated guidance published.

  2. First published.