Guidance

Mergers - the CMA’s jurisdiction and procedure: CMA2

Guidance for businesses and their advisers on CMA's procedures for operating the merger control regime under the Enterprise Act 2002.

• From: Competition and Markets Authority
• Published: 10 January 2014
• Last updated: 25 April 2024 — See all updates

Documents

Mergers: Guidance on the CMA’s jurisdiction and procedure (2024 - revised guidance)

PDF, 1.32 MB, 162 pages

Mergers: Guidance on the CMA’s jurisdiction and procedure (2022 - revised guidance)

PDF, 1.05 MB, 140 pages

Details

This guidance provides advice and general information to companies and their advisers on the procedures used by the Competition and Markets Authority (CMA) in operating the merger control regime set out in the Enterprise Act 2002, as amended. It also includes guidance on when the CMA will have jurisdiction to review mergers under the Act.

25 April 2024: Updated guidance published

The revised guidance takes effect on 25 April 2024 and will apply to all new merger cases from that point onwards. This includes all cases where the Phase 1 investigation formally commences after 25 April 2024 (including under sections 22, 33, 44 and 61 of the Enterprise Act 2002).

For all cases that are ongoing on 25 April 2024 (where the relevant Phase 1 investigation was formally commenced prior to 25 April 2024), the 2022 guidelines will continue to apply.

For more information, see the changes to CMA mergers guidance (CMA2) consultation page.

The following forms and templates are also available:

• template phase 2 remedies form
• updated merger notice forms
• updated template waiver

Any merger that qualifies for reference for a phase 2 investigation is subject to a fee. This is irrespective of whether a reference is made. Further information on the fees and how to pay them are in the merger fees information document.

Published 10 January 2014
Last updated 25 April 2024 + show all updates

1. 25 April 2024

   Updated guidance published

2. 4 January 2022

   Updated CMA2 guidance to reflect changes to the Enterprise Act 2002 brought about by the National Security and Investment Act 2021.

3. 23 December 2020

   Updated CMA2 guidance published.

4. 23 June 2020

   Explanatory note added in reference to the Enterprise Act 2002 (Specification of additional section 58 consideration) Order 2020, which adds a further public interest consideration to section 58 of the Enterprise Act 2002.

5. 11 April 2014

   Added Water mergers explanatory note

6. 10 January 2014

   First published.