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'4Ps' changes to the CMA’s mergers guidance (CMA2) and mergers notice template
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This consultation has now closed and we are analysing your feedback.
The Competition and Markets Authority's (CMA) purpose is to help people, businesses and the UK economy by protecting competition and tackling unfair behaviour.
About this consultation
The CMA consulted on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and the mergers notice template.
CMA2 provides guidance for business and advisers on the CMA’s procedures for operating the merger control regime under the Enterprise Act 2002.
The main proposed changes to CMA2 relate to:
accelerating pace by introducing the40 working-day KPI for pre-notification, and the 25-working day KPI to announce straightforward clearance decisions
improving predictability by clarifying the CMA’s approach to jurisdiction to the best of our ability under the current legal framework, in respect of the material influence and share of supply tests. These changes should provide businesses with greater predictability over which deals fall within our jurisdiction, ahead of changes the Government has announced it is considering making to the legislation in the future
increasing proportionality by clarifying and enhancing the CMA’s ‘wait and see’ approach to global mergers that concern exclusively global (or broader than national) markets
enhancing engagement with the merger parties and third parties throughout the merger investigation process, with more points of direct engagement between merger parties and the CMA (including senior staff), so our investigations are more transparent
The proposed changes to the merger notice template will prompt merging businesses to provide information from the outset that will allow pre-notification to progress more quickly and in a more targeted way.
Your 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.
This consultation has now closed and we are analysing your feedback.
The Competition and Markets Authority's (CMA) purpose is to help people, businesses and the UK economy by protecting competition and tackling unfair behaviour.
About this consultation
The CMA consulted on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and the mergers notice template.
CMA2 provides guidance for business and advisers on the CMA’s procedures for operating the merger control regime under the Enterprise Act 2002.
The main proposed changes to CMA2 relate to:
accelerating pace by introducing the40 working-day KPI for pre-notification, and the 25-working day KPI to announce straightforward clearance decisions
improving predictability by clarifying the CMA’s approach to jurisdiction to the best of our ability under the current legal framework, in respect of the material influence and share of supply tests. These changes should provide businesses with greater predictability over which deals fall within our jurisdiction, ahead of changes the Government has announced it is considering making to the legislation in the future
increasing proportionality by clarifying and enhancing the CMA’s ‘wait and see’ approach to global mergers that concern exclusively global (or broader than national) markets
enhancing engagement with the merger parties and third parties throughout the merger investigation process, with more points of direct engagement between merger parties and the CMA (including senior staff), so our investigations are more transparent
The proposed changes to the merger notice template will prompt merging businesses to provide information from the outset that will allow pre-notification to progress more quickly and in a more targeted way.
Your 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.
