The Competition Commission (“CC”) has published a report that analyses the effectiveness of undertakings entered into by parties to mergers in order to meet the CC’s competition concerns. The report included findings that: a contingency option (which is more onerous on the parties) is useful in ensuring that enforcement of the agreed remedy; and behavioural remedies can be effective if well designed and properly monitored. The CC also concluded that handing over the implementation of remedies to the Office of Fair Trading could be disadvantageous and may lead to longer negotiations.
- How-to guide How-to guide: How to assess competition law risks in an agency agreement (UK)
- How-to guide How-to guide: Understanding antitrust and unfair trade practices law and your organization’s compliance obligations (USA)
- How-to guide How-to guide: How to draft an antitrust–unfair trade practices compliance program (USA)