Mergers: exception to the duty to refer in markets of insufficient importance

The Competition and Markets Authority (CMA) is inviting views on amendments to the CMA’s guidance on the application of the exception to the duty to refer a merger in markets of insufficient importance.

The exception to the duty to refer is designed to avoid investigations where the costs involved would be disproportionate to the size of the market concerned.

Specifically, the CMA is seeking views on its proposals to increase the market size thresholds where the CMA believes the exception generally will or will not apply.