Abstract
2022 saw significant changes to policy on merger remedies in the UK. This article examines what they mean for merger clearance strategy along four vectors of change: (i) clarification of the Competition and Markets Authority’s remedial powers and procedural constraints following recent judgments of the Competition Appeal Tribunal; (ii) the CMA’s increased focus on intangible assets when designing remedies; (iii) a revolution in Phase 2 remedies procedure via the first use of a mechanism to concede a substantial lessening of competition to the CMA; and (iv) a substantive evolution in Phase 1 undertakings with the acceptance of creative remedies despite the high threshold for undertakings in lieu of reference to Phase 2 being accepted by the CMA.
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