Abstract
There has been a recent increase in merger litigation before the Competition Appeal Tribunal (CAT) against decisions of the Competition and Markets Authority, with 11 substantive judgments having been handed down by the CAT, the Court of Appeal and the Supreme Court since 2015. This article outlines the basis on which CMA merger decisions may be challenged before the CAT and considers the implications of recent judgments for merger investigations before the CMA in relation to jurisdictional and procedural issues, the substantive assessment of the effects of a merger on competition and the imposition of remedies where a merger has been found to substantially lessen competition.
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