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ARTICLE · 05 DECEMBER 2008

UK Competition Commission Explains its Approach to Remedies

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On 26 November 2008, the UK Competition Commission (“CC”) published new guidelines to explain its approach to the selection and implementation of remedies in merger inquiries referred to it by the Office of Fair Trading (“OFT”) under sections 22 or 33 of the Enterprise Act 2002 (“the Act”).

European UnionAntitrust/Competition Law
Frances Murphy
Frances Murphy
Gillian Sproul
Gillian Sproul
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Originally published 2 December 2008

Keywords: UK Competition Commission, CC, new guidelines, merger inquiries, Office of Fair Trading, OFT, Enterprise Act, substantial lessening of competition, SLC, price caps

On 26 November 2008, the UK Competition Commission ("CC") published new guidelines to explain its approach to the selection and implementation of remedies in merger inquiries referred to it by the Office of Fair Trading ("OFT") under sections 22 or 33 of the Enterprise Act 2002 ("the Act"). The new guidelines cover intellectual property remedies and behavioural remedies that were not covered in detail in the existing guidance. Interestingly, the guidelines include prohibitions as part of the discussion of structural remedies.1

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