Rules of procedure for merger, market and special reference groups: CMA17
Procedural rules for CMA panel member groups conducting phase 2 merger or market investigations or certain regulatory references or appeals.
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CMA17 sets out the Competition and Markets Authority鈥檚 (CMA) procedural rules for merger, market and special reference groups.
2 January 2025: revised rules published聽
The revised rules reflect the changes to the mergers regime made by the Digital Markets, Competition and Consumers Act 2024 (DMCCA24) which commenced on 1 January 2025 as well as recent developments and current practice.聽
The revised rules take effect on 1 January 2025 and will apply to all cases referred to Phase 2 (including under sections 22, 33, 45 and 62 of the Enterprise Act 2002) on or after 1 January 2025 (a reference is made to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013). For all cases referred to Phase 2 prior to 1 January 2025, the April 2024 rules will continue to apply.聽
For more information, see the .
Summary of transitional provisions
The parts of the revised rules dealing with penalty powers introduced by the DMCCA24 (paragraphs 10.2 and 17.4) are subject to the transitional provisions in the . The new penalty powers will apply in relation to section 109 notices issued on or after 1 January 2025 or false or misleading information provided in relation to a section 109 notice or a section 5 information request issued on or after 1 January 2025. The new penalty powers in relation to breaches of undertakings and orders (including interim measures) will apply in relation to undertakings and orders accepted/made on or after 1 January 2025.聽聽聽聽