Consultation outcome

Consultation on new draft guidance on mergers: exceptions to the duty to refer

This consultation has concluded

Read the full outcome

Detail of outcome

25 April 2024: The guidance Mergers: Exception to the duty to refer in markets of insufficient importance (CMA64) has been updated. In particular, the CMA has updated its approach to the markets of insufficient importance (the ‘de minimis’ exception).

Feedback received

Herbert Smith Freehills LLP

Eversheds Sutherland

Allen & Overy LLP


Original consultation

Summary

The CMA is consulting on proposed updates to its published guidance relating to the application of the ‘de minimis’ exception.

This consultation ran from
to

Consultation description

The CMA is consulting on new draft guidance on exceptions to its duty to refer mergers raising competition concerns for an in-depth phase 2 investigation. The revised draft updates Chapter 2 (markets of insufficient importance) setting out the CMA’s approach to the ‘de minimis’ exception, with no changes made to the other chapters.

We encourage any interested parties to respond to the consultation in writing by no later than 5pm on 8 January 2024, by emailing deminimis.guidance@cma.gov.uk. You can also contact us with any queries using this email address.

For more information, visit the Mergers exceptions to the duty to refer and undertakings in lieu guidance page

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

Updates to this page

Published 20 November 2023
Last updated 25 April 2024 + show all updates
  1. Consultation outcome published

  2. First published.

Sign up for emails or print this page