Guidance

Interim Measures and derogations: guidance and templates

Guidance for merging parties and legal advisers on the CMA’s use of Interim Measures and derogations in merger investigations.

Documents

Interim measures in merger investigations

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Initial enforcement order template

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Derogation request template

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Details

The guidance explains the:

  • circumstances in which the Competition and Markets Authority (CMA) will require Interim Measures
  • form that Interim Measures will typically take
  • types of derogations that the CMA is likely (or unlikely) to grant
  • timing for imposing and revoking Interim Measures 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 28 June 2019