'4Ps' changes to the CMA’s mergers guidance (CMA2) and mergers notice template
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 is consulting 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 the 40 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.
We want to hear from you
The consultation document includes questions, and the CMA is interested to hear from all stakeholders about these changes.
We want to know if you think the proposed changes are consistent with the CMA’s ‘4Ps framework’ and likely to promote the pace, predictability, proportionality and engagement in the CMA’s merger investigation process.
Responding to our consultation
Submit your response using the form below or by email to mergersguidance2025@cma.gov.uk.
If your response contains any information that you regard as sensitive and that you would not wish to be published, please:
- explain why you regard the information as sensitive
- provide a non-confidential version for publication on our website
If you need support with the form, or would like to send your response by email, contact mergersguidance2025@cma.gov.uk. Please note, you do not need to submit a response via email and the response form below.
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.