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The Decision To Investigate Mergers In The United Kingdom’S Voluntary Regime

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  • Simon Chisholm
  • Tom Heideman

Abstract

As merging parties can choose whether to notify their transaction in the United Kingdom, the competition authority has a well-developed procedure for capturing those that are not notified but may raise concerns. The resulting own-initiative investigations account for a significant proportion of overall UK merger enforcement. This mergers intelligence function is crucial to the voluntary regime working effectively, yet relatively little is known publicly about this preliminary investigative phase. We provide an overview of how the decision to investigate is taken, including the extent of transactions reviewed at this stage, an overview of the decision-making process, and an assessment of recent reforms to the process. We go on to analyze the extent to which decisions taken (not) to investigate are appealable.

Suggested Citation

  • Simon Chisholm & Tom Heideman, 2017. "The Decision To Investigate Mergers In The United Kingdom’S Voluntary Regime," Journal of Competition Law and Economics, Oxford University Press, vol. 13(4), pages 637-665.
    • Handle: RePEc:oup:jcomle:v:13:y:2017:i:4:p:637-665.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhx022
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