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4 Merger Control

Stephen Rose, Adam Ferguson

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Private actions — United Kingdom — National Courts — National courts — National Competition Authorities (NCAs)

This chapter analyses the changes to the UK merger control regime brought about by the Enterprise and Regulatory Reform Act (ERRA). It provides a broad overview of the regime, analysing the process of notification and clearance. The authors explain the changes made by the ERRA, such as the introduction of a binding timetable at ‘Phase 1’, the CMA’s enhanced information-gathering powers, its new powers to prevent the integration of merging parties’ businesses pending the conclusion of a merger review, and changes to the decision-making process and the available remedies. The chapter concludes that while many of the changes are welcome, there was a missed opportunity to create a more efficient merger control regime.

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