Competition Appeal Tribunal clarifies limits of CMA and
Secretary of State's ability to intervene in mergers under UK
merger control regime
A recent case (16th August 2019) in the Competition Appeal
Tribunal (CAT) – the UK’s specialised competition law
court – has put under the microscope how and when merger
control review deadlines under the Enterprise Act 2002 can be
enforced by the Competition & Markets Authority (CMA) and the
Secretary of State.
Legal Background
Under the merger control regime in the Enterprise Act 2002 the
CMA and the Secretary of State may investigate a merger:
if a 'relevant merger situation' exists which is defined
in the Act as long as they make a reference for a Phase II detailed
investigation carried out by the CMA Panel no later than four
months after full details of the transaction have been made public
or communicated to the CMA.
