Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Relevant merger situation definition

What does Relevant merger situation mean? In UK merger control practice, a relevant merger situation describes when a transaction falls within the Competition and Markets Authority’s (CMA) jurisdiction to review. The term is defined in the Enterprise Act 2002 and arises where two or more enterprises cease to be distinct and the statutory jurisdictional thresholds are met (principally the turnover test or the share of supply test). Its practical significance is that the CMA may “call in” the deal for Phase 1 (and, if necessary, Phase 2) investigation, even though UK merger notification is voluntary. The CMA can impose interim hold‑separate (initial enforcement) orders to prevent integration...

UK Merger Control under the Enterprise Act and DMCC Act: Relevant Merger Situations, Control Tests, Thresholds, Time Limits, and Sector‑Specific/Public Interest Regimes

Published by a LexisNexis Competition expert

Practice notes

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 Act:

establishes a new pro-competition regime for digital markets...

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Web page updated on 22/05/2026

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