The procedure is broadly unchanged from what was put out to
public consultation in December 2018, notwithstanding that
responses to that consultation (Matheson response available here) sought improvements in its scope,
certainty, and timing benefits.
What Mergers Are Covered?
The Simplified Procedure is available in each of the following
cases:
- 'No overlap' cases: where none of the parties are
active in the same market, or in any upstream or downstream market
(ie no horizontal or vertical overlap arises);
- 'Below-threshold horizontal overlap' cases: where two
or more of the parties are active in the same market, but their
combined market share (based on undisputable market data &
market definitions) is less than 15%;
