Consultation outcome

Mergers: exception to the duty to refer in markets of insufficient importance

• From: Competition and Markets Authority
• Published: 23 January 2017
• Last updated: 16 June 2017 — See all updates

This consultation has concluded

Read the full outcome

Summary of responses to the consultation

PDF, 321 KB, 13 pages

Detail of outcome

The CMA has published its response to the consultation and updated guidance on the exception to the duty to refer in markets of insufficient importance.

Feedback received

Adrian Payne Consulting

PDF, 291 KB, 3 pages

Allen & Overy LLP

PDF, 123 KB, 3 pages

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Ashurst LLP

PDF, 58.5 KB, 3 pages

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British Institute of International and Comparative Law

PDF, 102 KB, 10 pages

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Charles Russell Speechlys LLP

PDF, 79.3 KB, 1 page

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The City of London Law Society - Competition Law Committee

PDF, 137 KB, 7 pages

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Cleary Gottlieb Steen & Hamilton LLP

PDF, 56 KB, 6 pages

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Clifford Chance LLP

PDF, 49.7 KB, 5 pages

Debevoise & Plimpton LLP

PDF, 127 KB, 2 pages

Forum of Private Business

PDF, 101 KB, 1 page

Freshfields Bruckhaus Deringer LLP

PDF, 126 KB, 4 pages

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Herbert Smith Freehills LLP

PDF, 43.7 KB, 3 pages

Law Society of Scotland

PDF, 381 KB, 3 pages

Pennon Group

PDF, 30.3 KB, 1 page

Pinsent Masons LLP

PDF, 22.3 KB, 2 pages

Simmons & Simmons LLP

PDF, 179 KB, 3 pages

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Stagecoach Group plc

PDF, 114 KB, 2 pages

Detail of feedback received

The responses can be found above.

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Original consultation

Summary

The CMA is consulting on changes to reduce the number of mergers it investigates in smaller markets.

This consultation ran from
midday on 23 January 2017 to 5pm on 13 February 2017

Consultation description

The Competition and Markets Authority (CMA) is inviting views on amendments to the CMA’s guidance on the application of the exception to the duty to refer a merger in markets of insufficient importance.

The exception to the duty to refer is designed to avoid investigations where the costs involved would be disproportionate to the size of the market concerned.

Specifically, the CMA is seeking views on its proposals to increase the market size thresholds where the CMA believes the exception generally will or will not apply.

Documents

Consultation document: Mergers: exception to the duty to refer in markets of insufficient importance

PDF, 395 KB, 12 pages

Published 23 January 2017
Last updated 16 June 2017 + show all updates

1. 16 June 2017

   Responses to consultation published.

2. 23 January 2017

   First published.