Guidance

Mergers exceptions to the duty to refer and undertakings in lieu: OFT1122 and CMA64

How the CMA applies exceptions to the duty to refer and undertakings in lieu of reference in operating the merger control regime.

Documents

Mergers: Exceptions to the duty to refer and undertakings in lieu of reference guidance

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Details

OFT1122 was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA board. Chapter 2 of this guidance - on the exception to the duty to refer a merger in markets of insufficient importance - has been updated and replaced by CMA64. The original text of the remaining chapters has been retained unamended, therefore it does not reflect or take account of developments in case law, legislation or practice since its original publication.

The guidance sets out the exceptions to the CMA’s duty to refer a merger for an in-depth investigation, and its ability to accept undertakings in lieu of a reference.

Published 12 March 2014
Last updated 16 June 2017 + show all updates
  1. Guidance on the application of the 'de minimis' exception updated.
  2. First published.