The OFT and CC have issued draft joint guidelines on how they assess the competitive impact of mergers, and have called for comments on the document from interested parties. For the draft guidelines, please click here. The publication revises and expands guidance material currently contained in several publications issued separately by the two authorities after the introduction of the Enterprise Act 2002. This is the first time the OFT and the CC have worked together to produce a single set of guidelines.
The joint guidelines feature sections on the operation of the UK merger regime; the questions the CC and OFT must consider when reviewing mergers; how they define a 'relevant merger situation'; the criteria and methodology used by the authorities when assessing mergers; guidance on public interest cases; and information on related matters such as interim measures and remedies, directing where appropriate to other guidance already published by the two authorities. Comments are invited from interested parties and should be sent by email to [email protected] by 7 August 2009. A joint presentation on the new guidelines is also planned in the near future.