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What form should merger control notification take in the United Kingdom and what content is required?
The Competition and Markets Authority (CMA) requires that the merger be notified using a prescribed format known as a merger notice, a template of which is provided on the CMA’s website. All notifications must contain the information set out in the merger notice, although the CMA may be willing to agree derogations during the pre-notification discussions. The parties may also use an alternative format, provided that all necessary information required by the merger notice is provided (an annotated version of the merger notice template which indicates where the information can be found in the parties’ notification should also be provided). In summary, the merger notice requires the following information:
- information about the parties and contact details;
- a description of the merger arrangements and the parties’ businesses;
- why a relevant merger situation has been created, why the EU Merger Regulation does not apply and notifications in other jurisdictions;
- supporting documents about the merger, including company accounts and internal documents;
- contact details for competitors and customers;
- relevant product and geographic markets;
- alternative counterfactual;
- horizontal effects;
- vertical effects;
- conglomerate effects;
- increase in buyer power;
- loss of competition;
- coordinated effects;
- market entry or expansion;
- countervailing buyer power; and
- efficiencies and customer benefits arising from the merger.
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