Initial enforcement orders and derogations: guidance and templates

Guidance for merging parties and legal advisers on the CMA’s use of initial enforcement orders (IEOs) and derogations in merger investigations.



The guidance explains the:

  • circumstances in which the Competition and Markets Authority (CMA) will make an IEO
  • form that an IEO will typically take
  • types of derogations that the CMA is likely (or unlikely) to grant
  • timing for imposing and revoking IEOs and granting derogations

The IEO template is used by the CMA as the basis for interim orders made by it under the Enterprise Act 2002 (as amended) in relation to completed mergers.

The derogation request template should be used by merging parties as a basis for the proposed consent letter granting the derogation that would be issued by the CMA.

Published 1 April 2014
Last updated 5 September 2017 + show all updates
  1. New guidance, derogation request template and updated initial enforcement order template published.
  2. First published.