In the latest of a series of such reviews, the Competition and Markets Authority (CMA) has published provisional decisions on whether to remove or retain remedies resulting from 12 past merger investigations. It is proposing to remove the remedies in 6 of these cases and retain them in another 4. It has also decided to de-prioritise 2 further merger remedies reviews at this time.
These decisions - made by a group of 3 panel members, chaired by Simon Polito - result from a review of 76 structural merger undertakings given by companies prior to 1 January 2005. This exercise forms part of a wider programme of reviews, set out in the CMA’s annual plan, with the aim of reducing burdens on business by assessing whether past merger and market remedies should be varied or released.
The CMA has also issued final decisions in relation to a further 18 merger remedies, following provisional decisions published last month. In line with these provisional decisions, it has decided to release the companies concerned from 10 of these - while keeping the undertakings in place in 8 cases.
Chair of the Remedies Review Group, Simon Polito, said:
By removing remedies where they are no longer appropriate, we can eliminate the administrative burden on affected businesses and then target our resources on those which are still relevant.
Full details of the CMA’s remedies review programme are available on the CMA’s webpages.
Notes for editors
- The CMA is the UK’s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law.
- The CMA has a statutory duty under the Fair Trading Act 1973 and the Enterprise Act 2002 to keep undertakings and orders under review. From time to time, the CMA must consider whether, by reason of any change of circumstances: undertakings are no longer appropriate and need to be varied, superseded or released; or an order is no longer appropriate and needs to be varied or revoked. Responsibility for deciding on variation or termination of orders lies with the CMA except for a small number of older remedies where decisions are for the Secretary of State following advice from the CMA.
- Enquiries should be directed to Simon Belgard (email@example.com, 020 3738 6798).
- For more information on the CMA see our homepage or follow us on Twitter @CMAgovuk, Flickr and LinkedIn.