Changes to CMA mergers guidance (CMA2)
- From:
- Competition and Markets Authority
- Published
- 20 November 2023
- Last updated
- 25 April 2024 — See all updates
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
PDF, 268 KB, 21 pages
Allen & Overy LLP
PDF, 179 KB, 5 pages
Competition Law Committee of the City of London Law Society
PDF, 155 KB, 4 pages
Euclid Law LLP
PDF, 229 KB, 5 pages
Eversheds LLP
PDF, 245 KB, 8 pages
Freshfields Bruckhaus Deringer LLP
PDF, 326 KB, 10 pages
Frontier Economics
PDF, 247 KB, 8 pages
Herbert Smith Freehills LLP
PDF, 212 KB, 6 pages
Linklaters LLP
PDF, 199 KB, 7 pages
Macfarlanes LLP
PDF, 113 KB, 3 pages
Meta
PDF, 59.2 KB, 1 page
Mills & Reeve LLP
PDF, 129 KB, 6 pages
Skadden, Arps, Slate, Meagher & Flom LLP
PDF, 154 KB, 3 pages
Slaughter and May
PDF, 184 KB, 9 pages
UK Finance
PDF, 262 KB, 6 pages
VirginMediaO2
PDF, 384 KB, 4 pages
Weil Gotshal & Manges LLP
PDF, 243 KB, 9 pages
Detail of feedback received
The CMA received 16 responses to the consultation.
Original consultation
Summary
The Competition and Markets Authority (CMA) isconsulted consulting on proposed updates to its published guidance on its merger investigation process.
This consultation closesran atfrom
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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.
The CMA is seeking the views of interested parties on proposed amendments contained in the:
draftrevisedguidancedraftphase2remediesformdraftrevisedmergernoticedraftrevisedtemplatewaiver
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
PDF, 405 KB, 32 pages
Mergers: Draft Revised Guidance on the CMA’s jurisdiction and procedure (CMA2)
PDF, 1.26 MB, 161 pages
Draft Phase 2 Remedies Form
PDF, 149 KB, 10 pages
Draft Revised Merger Notice
PDF, 396 KB, 45 pages
Draft Revised Template Waiver
PDF, 80 KB, 2 pages
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Last updated 25 April 2024 + show all updates
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Updated guidance, forms, templates and feedback published.
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First published.
Update history
2024-04-25 13:00
Updated guidance, forms, templates and feedback published.
2023-11-20 16:00
First published.