GovWire

This guidance provides advice and general information to companies and their advisers on the Competition and Markets Authoritys (CMA) use of Interim Measures and derogations in merger investigations, including the:

• circumstances in which the CMA will require Interim Measures

• form that Interim Measures will typically take

• types of derogations that the CMA is likely (or unlikely) to grant

• timing for imposing and revoking Interim Measures and granting derogations

2 January 2025: revised guidance published

The revised guidance reflects the changes to the mergers regime made by the Digital Markets, Competition and Consumers Act 2024 (DMCCA24) which commenced on 1 January 2025 as well as recent developments and current practice.

The revised guidance takes effect on 1 January 2025.

The parts of the revised guidance dealing with dealing with penalty powers introduced by the DMCCA24 (paragraphs 7.7 to 7.10) are subject to the transitional provisions in the Digital Markets, Competition and Consumers Act 2024 (Commencement No.1 and Savings and Transitional Provisions) Regulations 2024 (SI 2024/1226). The new penalty powers in relation to the supply of false or misleading information in the context of Interim Measures will only apply to false or misleading information supplied to the CMA on or after 1 January 2025. The new penalty powers in relation to breaches of Interim Measures will apply to undertakings and orders accepted/made on or after 1 January 2025.

The Initial enforcement order template is used by the CMA as the basis for interim orders made by it under the Enterprise Act 2002 (as amended) in relation to completed mergers. The Initial enforcement order template will be updated to reflect the DMCC Act changes in due course.

The derogation request template should be used by merging parties as a basis for the proposed consent letter granting the derogation that would be issued by the CMA.