United Kingdom: Competition and Markets Authority opened consultation on amended merger guidance on jurisdiction and procedure

On 20 June 2025, the Competition and Markets Authority (CMA) opened the consultation on the amended merger guidance on jurisdiction and procedure until 1 August 2025. The amended guidance proposes changes to CMA’s merger control procedures under a framework focused on pace, predictability, proportionality, and process. The updated guidance adjusts the 40-day phase 1 investigation process by promoting earlier identification of concerns through mandatory sessions with merging parties and earlier public notifications to allow third-party input during the pre-notification stage. It also introduces performance indicators aimed at accelerating straightforward decisions and shortening pre-notification periods. The guidance clarifies the CMA’s jurisdictional assessment, particularly the application of the “material influence” and “share of supply” tests. For material influence, shareholdings below 25% are generally not expected to meet the threshold unless additional factors are present, while those under 15% would require substantial supporting circumstances. The revised guidance offers further detail on elements that may contribute to or fall short of establishing material influence, including board representation, commercial ties, and financial arrangements. For mergers with global or broader-than-national market relevance, the CMA proposes a more measured approach that may delay investigation if international remedies are likely to address competition concerns in the UK. This is intended to reduce regulatory duplication and focus on transactions with direct implications for UK markets. The guidance continues previous adjustments to phase 2 procedures and includes measures to support transparency and more effective remedy assessment through increased engagement during investigations.