Challenging CMA Decisions in Merger Cases

Introduction

There has been a considerable recent increase in merger litigation before the Competition Appeal Tribunal (CAT) against decisions of the Competition and Markets Authority (‘CMA’). This trend is likely to continue.

Over the last six years there have been a number of leading judgments handed down by the CAT, the Court of Appeal and the Supreme Court covering jurisdictional and procedural issues as well as the substantive assessment of mergers and remedies.

The session will also consider the implications of recent appeal cases for CMA merger investigations covering amongst other things challenges on jurisdiction, IEOs, procedural fairness and substantive assessment of merger transactions.

If you are in private practice, an inhouse lawyer or a senior executive in contact with the CMA and its merger control reviews due to M&A activity then this session is for you.

What You Will Learn

This live and interactive session will cover the following:

• How CMA merger decisions can be reviewed by the Competition Appeal Tribunal
• Standards of review
• Timescales for appeals
• Involvement of third parties
• Substantive assessment
• Undertakings in Lieu (‘UIL’)
• Imposition of Interim Enforcement Orders (‘IEOs’)
• Imposition of remedies

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.