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.
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21 December 2021: The CMA has updated the guidance on Interim measures in merger investigations and the Initial enforcement order template to reflect recent developments and current practice. These changes are intended, in particular, to provide further clarity in relation to whom interim measures will typically apply, and the CMA’s expectations as to the steps that merging parties should take to ensure compliance with interim measures.
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.
Last updated 21 December 2021 + show all updates
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Updates to the Interim measures in merger investigations guidance and Initial enforcement order template following consultation.
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First published.