The UK’s Competition and Markets Authority (CMA) has released (2 January) two key documents outlining updates to its merger control framework, reflecting amendments introduced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA24), which came into effect on 1 January 2025.
- Revised Guidance on Merger Procedures
The updated guidance provides comprehensive advice on merger control under the Enterprise Act 2002, incorporating significant jurisdictional and procedural changes introduced by the DMCCA24. Key updates include increased turnover thresholds, a hybrid test for jurisdiction, and new procedures for Phase 2 investigations. The document also clarifies transitional provisions for cases initiated before 2025 and introduces penalties for false information. Updated forms and templates reflecting these changes will follow shortly. - Guidance on Exceptions to Duty to Refer Mergers
The second publication updates the framework for exceptions to the CMA’s duty to refer mergers for Phase 2 investigations. This includes clarifications on markets of insufficient importance and the new hybrid jurisdictional test. The revised guidance supersedes the previous 2024 version.
These updates aim to streamline the merger review process and provide clearer guidelines for businesses operating under the UK’s competition framework. For more details, visit the CMA’s website.
Sources: https://www.gov.uk/government/publications/mergers-guidance-on-the-cmas-jurisdiction-and-procedure
