Relevant merger situation meaning

This checklist sets out when a deal will be treated as a 'relevant merger situation' and come within UK merger control under the Enterprise Act 2002. A 'relevant merger situation' arises only if all three conditions below are satisfied: two or more enterprises (or businesses) must 'cease to be distinct'; and either the target’s scale or the merger’s effect on competition is sufficient to meet one of the jurisdictional threshold tests; and the merger falls within the statutory review timeframe. For more on when a transaction qualifies as a 'relevant merger situation', see A 'relevant merger situation' under UK merger rules. Are two or more enterprises (or businesses) 'ceasing to be distinct'? This turns on three points: is an enterprise being acquired? does that enterprise stop being distinct? what degree of control is obtained? Is an enterprise acquired? ...

Under the UK merger control rules the Competition and Markets Authority (CMA) may assess or review mergers already completed as well as those still anticipated, provided a ‘relevant merger situation’ arises. See Practice Note: A ‘relevant merger situation’ under UK merger rules. Several distinct conditions must be fulfilled for such a ‘relevant merger situation’ to exist, and these requirements are set out in the flowchart provided below here...

This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the supply of services Use this guide when a practitioner needs to verify which cancellation entitlements apply to consumers purchasing services in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession. Note 2—certain sector-specific contracts are regulated separately, such as financial services contracts, rental contracts and package travel contracts, and are excluded in full from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts...

Mergers Secretary of State issues public interest intervention notice in Daily Mail and General Trust’s proposed acquisition of the Telegraph Media Group The Secretary of State for Culture, Media and Sport has issued a Public Interest Intervention Notice (PIIN) concerning Daily Mail and General Trust plc’s proposed purchase of Telegraph Media Group Holdings Limited (TMGH), the owner of the Telegraph and Sunday Telegraph newspapers. The move follows an earlier indication that the Secretary of State was minded to act and confirms her view that a relevant merger situation may ultimately arise under the Enterprise Act 2002...

In this issue: UK mergers UK competition policy EU antitrust EU State aid Daily and weekly news alerts LexTalk®Competition: a Lexis®Nexis community New and updated content Caselex UK mergers Government consider public interest intervention in DMGT’s acquisition of the Telegraph Media Group In a statement laid before Parliament, the Secretary of State for Culture, Media and Sport, Lisa Nandy, signalled she is minded to issue a public interest intervention notice (PIIN) concerning Daily Mail and General Trust plc’s intended purchase of Telegraph Media Group Holdings Limited, publisher of the Telegraph and the Sunday Telegraph. She deems the deal likely to constitute a relevant merger situation. The Secretary of State has raised concerns that the takeover could further entrench DMGT’s already notable presence in the national daily and Sunday print newspaper sectors, as well as within right‑leaning national print and online news. These factors, she notes, engage public interest considerations on media plurality—specifically the importance of...

In this issue: UK mergers UK competition policy EU mergers EU state aid LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK mergers Secretary of State ‘minded’ to refer Telegraph Media Group/RB Investco Limited merger for a phase 2 investigation on public interest grounds The Culture, Media and Sport Secretary has stated she is ‘minded’ to send the proposed purchase of Telegraph Media Group by RB Investco to the CMA for a phase 2 probe. Two public interest intervention notices (PIINs) were previously issued by the Secretary in relation to proposals to acquire TMG. The initial PIIN, dated November 2023, concerned a transaction involving Redbird IMI Media Joint Venture, LCC. The CMA has, however, advised the Secretary that there are no longer ongoing arrangements that would create a relevant merger situation under the Enterprise Act 2002. As a result, that matter will not be referred...

This outlines ongoing and completed merger transactions where the UK government has acted on public interest considerations under the Enterprise Act 2002. Ongoing cases Parties Stage Public interest ground Industry sector; product market Decision Daily Mail and General Trust plc/Telegraph Media Group — Phase 1 — Media plurality — Communications Public Interest Merger Reference (Telegraph Media Group Holdings Limited) (Pre-emptive Action) Order 2026 published—19/02/2026 Secretary of State for Department for Culture, Media and Sport issues a PIIN—12/02/2026 Case page Completed cases 2025 Parties Stage Public interest ground Industry sector; product market Decision RedBird IMI/Telegraph Media Group (anticipated acquisition) — Phase 1 — Media plurality — Communications Second revised bid withdrawn—14/11/2025 Extension of deadline for representations from the parties on whether the Secretary of State should refer the transaction to a phase 2 investigation—25/03/2024 DCMS Secretary of State ‘minded’...

UK merger control is set out in the Enterprise Act 2002, as updated by the Enterprise and Regulatory Reform Act 2013 and the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). Under these rules, the Competition and Markets Authority (CMA) has jurisdiction to review completed and anticipated merger deals where a ‘relevant merger situation’ arises. A ‘relevant merger situation’ exists only if all three of the following are met: two or more enterprises (or businesses) ‘cease to be distinct’ the target’s size or the merger’s effect on competition is sufficient to satisfy at least one jurisdictional threshold test the merger falls within the statutory time limit for review For information on the CMA’s investigation process, see The UK merger investigation process. For details of ongoing UK merger investigations, see UK mergers–case tracker. DMCC Act On 3 June 2024, following Royal Assent granted on 24 May 2024, the DMCC Act was published. In relation to merger control, the DMCC...

CASE HUB (date of decision–23/07/2014; appeal lodged at General Court in Case T-704/14 Marine Harvest v Commission) ARCHIVED – this archived case hub reflects the situation as at the decision of 23 July 2013; it is no longer maintained. See further the timeline, commentary, and related/relevant cases. Case facts ARCHIVE 23/07/2014 Outline European Commission investigation into Marine Harvest’s failure to notify a merger and breach of the EU Merger Regulation standstill obligation, arising from its acquisition of a minority shareholding in, and control over, Morpol. Latest development On 23 July 2014 the Commission fined Marine Harvest €20m for obtaining control of Morpol without first securing clearance under the EU Merger Regulation. When setting the penalty, the Commission highlighted that Marine Harvest is a substantial European company with extensive prior experience and familiarity with EU merger control rules—accordingly, the Commission considered that Marine Harvest should have understood the requirement to notify the Commission—and its omission was deemed negligent conduct...

Overview This questionnaire offers an illustrative set of questions intended to gather information to assess whether a specific transaction may fall within section 3 of the Enterprise Act 2002. It does not consider whether ‘two or more enterprises have ceased to be distinct’. It is prepared on the assumption that the deal involves the acquirer purchasing the target, which is an ongoing business. Consequently, if any of the jurisdictional thresholds is met, the deal will amount to a relevant merger situation. For further guidance on the application of the UK merger control regime, see A ‘relevant merger situation’ under UK merger rules. Once it is established that the UK merger control rules apply, additional and more detailed information will be needed to conduct a substantive review of the competition issues associated with the transaction and to identify any relevant economic market definitions. For more on the substantive assessment of UK mergers and on preparing the UK Merger Notice, see, respectively, The substantive assessment of UK mergers and Information request...