CMA launches review of merger remedies approach and publishes new mergers charter

The CMA launches review of approach to merger remedies and publishes new Mergers Charter as next steps in its plan to enhance the UK's merger control regime.

The review of the Competition and Markets Authority's (CMA) approach to merger remedies was first announced by CEO Sarah Cardell in her Chatham House speech last November and is formally launched today with a wide-ranging call for evidence. It will look at both process and how the CMA can strike the right balance between different types of remedies.  

As Sarah Cardell said in her speech, “every deal that is capable of being cleared either unconditionally or with effective remedies should be and only a truly problematic merger, where the harm to businesses and consumers cannot be effectively addressed through remedies, should not proceed.”  

The CMA is seeking feedback on 3 key areas: 

1. How the CMA approaches remedies, including the circumstances in which a behavioural remedy may be appropriate. 

2. How remedies can be used to preserve any pro-competitive effects of a merger and other customer benefits. 

3. How the process of assessing remedies can be made as quick and efficient as possible. 

The call for evidence will remain open until 12 May 2025. Alongside this, the CMA will host a series of outreach and roundtable sessions to gather further input – starting with a webinar on Wednesday 19 March 2025. All feedback received will be used to develop specific proposals which will be published for consultation in the autumn.  

Separate to the remedies review, the CMA Mergers Charter sets out clear principles and overarching expectations for how the CMA will engage with businesses and their advisors during merger investigations.  

Both the merger remedies review and the Mergers Charter are part of the CMA's programme of work to implement the ‘4Ps' - pace, predictability, proportionality and process – across all its work, helping to drive growth and enhance business and investor confidence.   

Joel Bamford, Executive Director for Mergers at the CMA, said:  

We're moving rapidly to deliver on our commitment to update the UK's mergers regime, focusing on pace, predictability, proportionality and process. The remedies review and charter represent crucial progress as we turn those principles into practice.  

The Mergers Charter is a statement of clear intent that the CMA is fully committed to engaging directly with businesses – whether they be merging businesses, their customers, suppliers or competitors – on our processes and the outcomes these generate. We will engage in good faith, constructively, with open minds – and we encourage businesses and advisors to do the same. 

Casting the net widely for input for the merger remedies review is crucial to getting a range of views – to this end we're going to be holding webinars and hosting roundtables so we're gathering the best quality feedback directly from those impacted by UK merger control.

Joel Bamford sat down with Jordan Cummins, the CBI's UK Competitiveness Director, to discuss the launch of the review and mergers charter in detail. This interview is available in full via the CMA's YouTube channel.