Guidance

Mergers jurisdictional thresholds from June 2018

Guidance on changes to jurisdictional thresholds for UK merger control.

This publication was withdrawn on

The guidance was withdrawn on 23 December 2020. Readers should consult Guidance on the CMA’s jurisdiction and procedure (CMA2).

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Details

Guidance for merging parties and legal advisers on the circumstances in which merging parties should notify to the CMA for a competition assessment transactions affecting Relevant Enterprises (including enterprises active in the development or production of items for military or military and civilian use, quantum technology and computing hardware).

On 21 July 2020, The Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020 and The Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020 came into force. These statutory instruments add the following sectors to the definition of ‘Relevant Enterprise’: artificial intelligence, cryptographic authentication and advanced materials. References in CMA90 to ‘Relevant Enterprise’ should therefore be read to include these additional sectors. The Department for Business, Energy & Industrial Strategy has published guidance in relation to this legislation, which contains updated contact details. In particular, for clarification of BEIS Guidance or government policy on public interest interventions, merging businesses should contact their existing government contact and, where there is not a clear email contact, publicinterestandmergers@beis.gov.uk, apart from questions about military products where the contact remains NSII-Defence@mod.gov.uk. General queries can continue to be sent to nsiireview@beis.gov.uk

Published 11 June 2018
Last updated 23 July 2020 + show all updates
  1. Note in relation to The Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020 and The Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020, which amend the meaning of relevant enterprise.

  2. First published.