OFT/CC joint review of substantive merger guidelines

The OFT and the Competition Commission organised a seminar to present and discuss the consultation draft of the joint merger assessment guidelines at the CC offices on 1 June 2009.

See Seminar on consultation draft of joint merger assessment guidelines

Following a year-long collaborative review of their respective guidelines for the assessment and analysis of mergers, the Competition Commission (CC) and the Office of Fair Trading (OFT) have jointly published a single set of draft guidelines for a public consultation.

Download Merger assessment guidelines (pdf 372 kb)

Content on this page ...

• Response to call for comments
• Background
• Process
• Contacts
• Documents and announcements
• Submissions and consultations
• Other OFT and CC merger guidance consultation

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Response to call for comments

The OFT and CC have published a number of responses following their consultation on the joint review of the substantive merger guidelines

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Background 

The two Authorities began work in April 2008 to produce a single set of guidelines, combining revised and expanded guidance material currently contained in several publications:

• Merger References: Competition Commission Guidelines: CC2 (April 2003)
• OFT, Mergers: Substantive Assessment Guidance (OFT 516, May 2003)
• OFT, Guidance Note revising Mergers: Substantive Assessment Guidance (OFT 516a, October 2004), and
• OFT, Revision to Mergers: Substantive Assessment Guidance - Exception to the duty to refer: markets of insufficient importance (OFT 516b, November 2007).

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Process

The joint review subsumed a stand-alone review by the CC of its merger guidelines (CC2). In response to an invitation for initial submissions, some 20 were received from external economists, lawyers, businesses and other involved in merger inquiries or interested in competition policy. These made important contributions to the joint review and are available at: Submissions: Responses to initial call for comments on CC2.

The project has been taken forward by a joint OFT/CC working party composed of senior CC and OFT staff, under the joint chairmanship of the CC Chairman (Peter Freeman) and the OFT Senior Director, Mergers (formerly Simon Pritchard; now Amelia Fletcher).

An internal discussion group of economists has helped identify and resolve analytical issues. Its membership includes economists from the OFT and the CC, Peter Davis (CC Deputy Chairman), Michael Waterson (CC member), Bruce Lyons (CC member), and John Collings (CC member).

Economics Round Tables were organized on 2 October 2008 as part of the review. Two sessions were held at which prominent external economists, CC/OFT staff and CC members discussed non-horizontal effects and coordinated effects (see links below to the transcripts of these sessions).

The draft guidelines have also taken account of comments of others within the Authorities, including CC members and OFT board members, as well as contributions from other Government departments and the European Commission.

The final decisions on the final revised text, following the public consultation, rest with the OFT and the CC.

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Contacts

(OFT) Assistant Director, Mergers: Chris Walters, Chris.Walters@oft.gsi.gov.uk

(CC) Head of Policy Analysis, Nicola Mazzarotto, nicola.mazzarotto@cc.gsi.gov.uk

General contact point: Tony Gooch, tony.gooch@cc.gsi.gov.uk, Tel 020 7271 0151

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Documents and announcements

The OFT and CC websites each feature this home page dedicated to the project, as well as the associated documents and announcements.

Merger References Guidelines (CC2)

OFT Mergers: Substantive Assessment Guidance (OFT 516)

OFT Guidance Note revising Mergers: Substantive Assessment Guidance (OFT 516a)

OFT Revision to Mergers: Substantive Assessment Guidance - Exception to the duty to refer: markets of insufficient importance (OFT 516b)

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Submissions and consultations
   
Responses to initial call for comments on CC2

Economics roundtable: Note by the CC

A roundtable to discuss: Non-Horizontal Effects - How far should guidelines go?

A roundtable to discuss: Co-ordinated effects - What is the right analytical threshold?

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Other OFT and CC merger guidance consultation 

The OFT has separately issued a consultation document on revised and expanded guidance covering merger control jurisdiction and procedure.  Further details are available here

In November 2008 the CC published “Merger Remedies: Competition Commission Guidelines” (CC8). See CC8 Merger Remedies: Competition Commission Guidelines (pdf 124 kb)

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