Competition law

Contact: Tom McQuail and Melanie Musgrave

Competition law

New CMA guidance on mergers following consultation

Following consultation, the Competition and Markets Authority (CMA) has updated its guidance to reflect changes introduced by the Digital Markets, Competition and Consumer Act 2024. The updated documents include guidance on the CMA’s jurisdiction and procedure (CMA2), a quick guide to UK merger assessment (CMA18), exceptions to the duty to refer and undertakings in lieu (CMA64), interim measures in merger investigations (CMA108), rules of procedure for merger, market and special reference groups (CMA17), and energy network mergers guidance (CMA190). These final versions took effect from 1 January 2025 and apply to merger cases under the transitional provisions of the Act.

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New guide to the UK's digital markets competition regime

The Competition and Markets Authority has published guidance on how on the new digital markets competition regime will work. Under the regime, the CMA may designate firms with "strategic market status" (SMS) in relation to a particular digital activity. These firms must also meet specific economic thresholds, including UK turnover exceeding £1 billion or global turnover over £25bn, alongside criteria related to market power and strategic significance. Once designated, the CMA may introduce pro-competition interventions or impose conduct requirements. The CMA has outlined planned activities for the first six months, including the launch of SMS designation investigations in January 2025 in relation to two areas of digital activity: conduct requirements and pro-competition interventions.

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