Starting date: 30 April 2009
Closing date: 7 August 2009
The OFT, together with the Competition Commission (CC), has produced joint guidance on the substantive assessment of UK mergers. The guidance relates to the Enterprise Act 2002. With the benefit of five years experience of implementing the legislation, together we have produced a single set of guidelines, combining revised guidance material currently contained in two principal publications - 'Merger references: Competition Commission guidelines', and the OFT's 'Mergers: substantive assessment guidance'.
Background
In developing these draft guidelines the joint OFT/CC working party has consulted with specialists within their own organisations as well as holding round tables with prominent external economists to discuss key analytical issues. The draft guidance has also been developed in consultation with government, the European Commission and other external parties involved in merger inquiries or competition policy.
Scope
This guidance is primarily intended to assist merger parties and their advisers by explaining the approach of the OFT when considering whether or not to refer a merger to the CC for further investigation, and the approach of the CC when exploring more extensively the questions posed in merger references. It highlights the differences of emphasis, as well as the commonalities, between the two authorities’ approaches.
Responding to the consultation
Comments are invited from interested parties and should be sent by e-mail to Tony Gooch at the CC by 7 August 2009. A joint presentation on the new guidelines is also planned in the near future – no date has been set but those interested in attending should also contact Tony Gooch.
Further information on this work can be found on the Mergers pages or the CC website
Download the consultation version of the draft guidance (pdf 372 kb)
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