In preparation for the end of the Brexit transition period, the CMA has recently released two consultations inviting comments on proposed updates to its merger control guidance and procedures. On 17 November 2020, the CMA released draft updates to its Merger Assessment Guidelines, which contain the CMA’s substantive approach to the assessment of transactions. On 6 November 2020, the CMA proposed changes to its guidance on Jurisdiction and Procedure and the CMA’s Mergers Intelligence Function. These updates reflect the CMA’s most recent case precedents including high-profile prohibitions. Such decisions confirm the significant degree of discretion the CMA enjoys over issues of jurisdiction and substantive assessment, whilst also signalling an increasingly interventionist approach.
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The UK Competition Authority proposes updates to the merger control guidance and procedure
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