Merger assessment guidelines: CC2/OFT1254

Explains the approach when considering whether or not to refer a merger for a phase 2 investigation.


Merger assessment guidelines

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This guidance was originally published jointly by the Office of Fair Trading (OFT) and the Competition Commission (CC) and has been adopted by the CMA Board. The original text has been retained unamended, therefore it does not reflect or take account of developments in case law, legislation or practice since its original publication.

Please also note:

  • all references to issues regarding jurisdiction or procedure in mergers cases or the variation and termination of undertakings and orders must be read in the light of Mergers: Guidance on the CMA’s jurisdiction and procedure (CMA2) and Remedies: Guidance on the CMA’s approach to the variation and termination of merger, monopoly and market undertakings and orders (CMA11); in the case of conflict, CMA2 or CMA11 prevail
  • references to the OFT or CC (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
  • references to ‘referral to the CC’ or ‘a reference to the CC’ should be read as the referral of a case by the CMA (or Secretary of State) for a Phase 2 investigation involving an Inquiry Group of CMA panel members
  • references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
  • certain OFT or CC departments, teams or individual roles may not be replicated in the CMA, or may have been renamed; the CMA’s structure is set out in our organisation chart
  • do not use any contact details quoted; please go to the home page for details on how to contact the CMA
Published 1 September 2010