ABA 2010 Antitrust Year in Review: UK Section

Legislative Developments

In one of the few legislative developments in UK competition law in 2009, the Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009, which doubles the currently applicable merger fees, came into force on October 1, 2009.¹ The fees are payable to the Office of Fair Trading (the "OFT") on filing to recover the costs of the regulatory consideration of mergers. The merger fees will increase from £15,000 to £30,000 for mergers where the business acquired generates a UK turnover of less than £20 million (approximately US$32 million), from £30,000 to £60,000 where the UK turnover is between £20 million and £70 million (approximately US$32 million and US$112 million) and from £45,000 to £90,000 where the UK turnover exceeds £70 million² (approximately US$112 million). The new fee levels will apply to all mergers where the parties involved in the merger cease to be distinct enterprises after October 1, 2009.