Consultation on new merger remedy guidelines
The Competition Commission (CC) has consulted on new guidelines which explain its approach to remedies where mergers are likely to lead to a substantial lessening of competition (SLC).
The new guidelines provide a single source of guidance on merger remedies including divestiture, prohibition and behavioural measures. The emphasis of the guidelines is on implementing remedies that are effective and yet minimise burdens on customers, suppliers and merger parties. The document takes account of the CC’s experience of implementing remedies in recent years under the Enterprise Act and research into the outcome of remedies. The new guidelines also cover areas such as intellectual property remedies and behavioural remedies which are not covered in detail in existing guidance.
The draft guidelines were published for consultation on 19 May 2008.
A seminar was held at the CC on 27 May 2008 to discuss the consultation document. Below are links to:
Following conclusion of the consultation period, the CC published the final guidelines together with consultation submissions and the CC's response on 26 November 2008 as follows:
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