Guidance

Initial enforcement orders and derogations: guidance and templates

Guidance for merging parties and legal advisers on the CMA’s use of initial enforcement orders (IEOs) and derogations in merger investigations.

• From: Competition and Markets Authority
• Published: 1 April 2014
• Last updated: 5 September 2017 — See all updates

This publication was withdrawn on 28 June 2019

This guidance has now been withdrawn and is replaced by Interim Measures and derogations: guidance and templates.

Documents

Guidance on initial enforcement orders and derogations in merger investigations

Ref: CMA60

PDF, 430 KB, 22 pages

Initial enforcement order template

PDF, 92.3 KB, 9 pages

Derogation request template

PDF, 38.8 KB, 2 pages

Details

The guidance explains the:

• circumstances in which the Competition and Markets Authority (CMA) will make an IEO
• form that an IEO will typically take
• types of derogations that the CMA is likely (or unlikely) to grant
• timing for imposing and revoking IEOs and granting derogations

The IEO template is used by the CMA as the basis for interim orders made by it under the Enterprise Act 2002 (as amended) in relation to completed mergers.

The derogation request template should be used by merging parties as a basis for the proposed consent letter granting the derogation that would be issued by the CMA.

Published 1 April 2014
Last updated 5 September 2017 + show all updates

1. 5 September 2017

   New guidance, derogation request template and updated initial enforcement order template published.

2. 1 April 2014

   First published.