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.