Mergers - the CMA’s jurisdiction and procedure: CMA2
Guidance for businesses and their advisers on CMA's procedures for operating the merger control regime under the Enterprise Act 2002.
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This guidance provides advice and general information to companies and their advisers on the procedures used by the Competition and Markets Authority (CMA) in operating the merger control regime set out in the Enterprise Act 2002, as amended. It also includes guidance on when the CMA will have jurisdiction to review mergers under the Act.
25 April 2024: Updated guidance published
The revised guidance takes effect on 25 April 2024 and will apply to all new merger cases from that point onwards. This includes all cases where the Phase 1 investigation formally commences after 25 April 2024 (including under sections 22, 33, 44 and 61 of the Enterprise Act 2002).
For all cases that are ongoing on 25 April 2024 (where the relevant Phase 1 investigation was formally commenced prior to 25 April 2024), the 2022 guidelines will continue to apply.
For more information, see the changes to CMA mergers guidance (CMA2) consultation page.
The following forms and templates are also available:
Any merger that qualifies for reference for a phase 2 investigation is subject to a fee. This is irrespective of whether a reference is made. Further information on the fees and how to pay them are in the merger fees information document.
Last updated 25 April 2024 + show all updates
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Updated guidance published
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Updated CMA2 guidance to reflect changes to the Enterprise Act 2002 brought about by the National Security and Investment Act 2021.
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Updated CMA2 guidance published.
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Explanatory note added in reference to the Enterprise Act 2002 (Specification of additional section 58 consideration) Order 2020, which adds a further public interest consideration to section 58 of the Enterprise Act 2002.
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Added Water mergers explanatory note
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First published.