Consultation outcome

Changes to CMA mergers guidance (CMA2)

This consultation has concluded

Detail of outcome

The CMA has published its updated guidance on jurisdiction and procedure (CMA2) in relation to merger control.

The CMA has also published:

Updated versions of these documents have been published to reflect changes to the phase 2 merger process and other aspects of the merger processes.

Feedback received

Summary of responses

Allen & Overy LLP

Euclid Law LLP

Eversheds LLP

Freshfields Bruckhaus Deringer LLP

Frontier Economics

Herbert Smith Freehills LLP

Linklaters LLP

Macfarlanes LLP

Meta

Mills & Reeve LLP

Slaughter and May

UK Finance

VirginMediaO2

Weil Gotshal & Manges LLP

Detail of feedback received

The CMA received 16 responses to the consultation.


Original consultation

Summary

The Competition and Markets Authority (CMA) consulted on proposed updates to its published guidance on its merger investigation process.

This consultation ran from
to

Consultation description

The CMA is consulting on updates to guidance on jurisdiction and procedure (CMA2) in relation to merger control.

This follows the recent call for information on phase 2 merger investigations, where the CMA invited interested parties to provide views on whether there are aspects of the phase 2 merger process that could work better for all parties.

The CMA has identified a number of ways in which the quality of engagement between it and the businesses involved in phase 2 merger investigations could be enhanced.

The CMA is also proposing to make a number of other updates to reflect changes to the CMA’s practice (across both phase 1 and phase 2), recent judgments of the Competition Appeal Tribunal, and legislative changes.

The nature of and the reasons for the proposed amendments are set out in the consultation document.

Further information can be found in our press notice: CMA sets out changes to Phase 2 merger processes

Personal data

When handling personal data (like your contact details), we comply with data protection law, as set out in the UK GDPR and the Data Protection Act 2018 and other law designed to protect sensitive information.

For more information about the CMA’s statutory functions, how the CMA processes personal data and your rights relating to that personal data (including your right to complain), please see the CMA’s Personal Information Charter.

Documents

Consultation document

Draft Phase 2 Remedies Form

Draft Revised Merger Notice

Draft Revised Template Waiver

Updates to this page

Published 20 November 2023
Last updated 25 April 2024 + show all updates
  1. Updated guidance, forms, templates and feedback published.

  2. First published.

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