This book is a fully up-to-date, comprehensive guide to the law, economics and practice of UK merger control law, including a review of the recently revised guidelines of the Office of Fair Trading and the Competition Commission. This guide presents an integrated legal and economic assessment of the substantive appraisal of mergers and examines in detail the following topics: the history of the Enterprise Act and its development from the Fair Trading Act; the various regulatory bodies that form the institutional structure of the UK merger control regime; enterprises subject to merger control regulation and the jurisdictional thresholds of the Enterprise Act; the relationship of the Enterprise Act with the European Merger Regulation; the procedural and substantive practice of the Office of Fair Trading; references to, and in-depth reviews by, the Competition Commission; appeals to the Competition Appeal Tribunal; public interest mergers and the role of the Secretary of State; and merger remedies. Uniquely, this book also provides insights into the substance and procedure of UK merger control from Simon Pritchard, formerly Senior Director of Mergers, OFT.
Jonathan Parker is a Senior Associate at Allen & Overy LLP, London.Adrian Majumdar is a Partner at RBB Economics, having previously been Deputy Director of Economics at the OFT.Simon Pritchard is a Partner at Allen & Overy and former Senior Director of Mergers at the OFT.
The quality of the authors is unparalleled, which explains the sophistication of the book.the book provides an excellent integrated legal and economic analysis of UK merger assessment. Such an analysis is necessary. In addition, the analysis of the different types of markets where a merger can induce unilateral effects provides significant practical insights in the treatment of such effects. Furthermore, the analysis of public interest mergers as well as the analysis of OFT and CC administrative processes, is detailed and complete, something not found in many similar works.this book provides a comprehensive understanding of the merger control enforcement in the UK, and is an invaluable practical guide for practitioners, policy makers, as well as academics in the fields of competition policy in the UK.Dr Ioannis KokkorisCompetition Law JournalVolume 4, 2011
1. OVERVIEW OF THE UK MERGER CONTROL REGIME 2. RELEVANT MERGER SITUATIONS: ENTERPRISES CEASING TO BE DISTINCT3. RELEVANT MERGER SITUATION: THE SHARE OF SUPPLY AND TURNOVER TESTS4. RELATIONSHIP WITH THE MERGER REGULATION5. PUBLIC INTEREST MERGERS6. THE OFFICE OF FAIR TRADING'S ADMINISTRATIVE PROCESS 7. THE OFFICE OF FAIR TRADING'S DUTY TO REFER AND EXCEPTIONS TO THE DUTY TO REFER 8. THE COMPETITION COMMISSION'S ADMINISTRATIVE PROCESS 9. THE COUNTERFACTUAL 10. MARKET DEFINITION 11. CONCENTRATION MEASURES AND SCREENS 12. UNILATERAL EFFECTS 13. COORDINATED EFFECTS 14. NON-HORIZONTAL MERGERS 15. COUNTERVAILING CONSTRAINTS 16. UNDERTAKINGS IN LIEU OF REFERENCE 17. SECOND-PHASE REMEDIES 18. JUDICIAL REVIEW