Transactions and practices: UK Mergers and acquisitions

Examination of a merger under the UK competition regime first requires exclusion of the application of EU merger control under the EU Merger Regulation. This being done, this Practice note considers the merger control rules set out in the Enterprise Act 2002. It analyses the substance and procedure of a merger inquiry by the OFT and the Competition Commission and the remedies available.

In March 2012 the government  announced its decision on proposals to reform the UK competition regime. The government decided to establish a new single Competition and Markets Authority to replace the OFT and Competition Commission.  The government  also decided on various, largely procedural,  changes to strengthen the mergers, markets and antitrust enforcement regimes. For further information see Government decisions on establishment of Competition and Markets Authority and reform of UK competition regime.  These changes will be implemented by the Enterprise and Regulatory Reform Act 2013 (see Enterprise and Regulatory Reform Bill 2012 -13: competition tracker).

Alexandra Kamerling DLA Piper UK LLP

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