The CMA’s track record – Key Topics

Here are the topics most often discussed with senior executives regarding the CMA’s decision-making record:

  • Frequency of decisions that find competition problems
  • The types of case that most often cause the CMA concerns
    • e.g. by sector or by type of competition concern
  • The track records of Phase 1 and Phase 2 decision-makers
    • e.g. which decision-makers have been most frequently involved in clearance decisions?
    • e.g. does the composition of the Phase 2 decision-making panel matter to the outcome?
  • How the pattern of decisions has varied:
    • by sector
    • by type of competition problem
    • by type of evidence used
    • by whether customers and/or competitors have expressed concerns.
  • Whether non-notified cases have been more or less problematic.
  • How the prospects for clearance change when a Phase 1 case is escalated for consideration by a senior decision-maker
  • To what extent has the CMA become more receptive to remedies to resolve Phase 1 competition concerns?
  • Which has been the best time of year to put forward a merger case?
  • What proportion of cases approaching the maximum Phase 1 40-day timetable is referred to Phase 2?
  • The percentage of cases resolved by merger remedies
  • What the statistics show about the likelihood of a better outcome at Phase 2

If you are a senior executive planning or implementing a merger please phone me on 0795 005 7103 to arrange a briefing.