In April, the Competition and Markets Authority (CMA) sought views on which reviews it should prioritise out of 38, mostly behavioural, merger remedies that are more than 10 years old. It has now published details of the 12 merger remedies which it will now start reviewing.
The CMA is continuing to consider the remaining 26 merger remedies, and expects to announce further reviews later this year.
In March, the CMA completed its review of 71 structural merger remedies put in place before 1 January 2005. As a result, 51 of these remedies were removed.
This exercise forms part of a wider programme of work on remedy reviews, initially set out in the CMA’s 2015/16 annual plan, with the aim of reducing burdens on business by assessing whether past merger and market remedies should be removed. The 2016/17 annual plan restates this aim and pledges to build on the work carried out during the last year.
The CMA is seeking views from interested parties as to whether or not these remedies should be varied or released. Those responding should provide their views, supported with any relevant evidence, in writing to the CMA by 5pm on 15 July 2016 either by email (firstname.lastname@example.org) or by post:
Competition and Markets Authority
7th Floor North
37 Southampton Row
Full details on the CMA’s previous remedies review programme are available on the case page.
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whether, by reason of any change of circumstances: undertakings are no longer appropriate and need to be varied, superseded or released; or an order is no longer appropriate and needs to be varied or revoked.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.
- The 12 merger remedies under review are: Allied Domecq plc/Carlsberg A/S (1992); Arriva plc/Lutonian Buses (2000); Charter Consolidated plc/Anderson Strathclyde plc (1982); Hartley Industrial Trust Ltd/Alan J Lewis and Jarmain and Son Ltd (1992); Hoverspeed UK Ltd/Hoverlloyd Ltd (1981); Inntrepreneur Estates/Scottish Courage (1995); National Express Group plc/Midland Main Line Ltd (1997); National Express Group plc/Prism Rail plc (2001); Nutricia Holdings Ltd/Valio International UK Ltd (1997); Robert Wiseman Dairies plc/Scottish Pride Holdings plc (1997); Serco Group Ltd (Nimbus)/National Air Traffic Services (2001); Thomas Cook Group Ltd/Interpayment Services Ltd (1996).
- Enquiries should be directed to Rory Taylor (email@example.com, 020 3738 6798).
- For more information on the CMA see our homepage or follow us on Twitter @CMAgovuk, Flickr and LinkedIn.