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This guidance provides advice and general information to companies and their advisers on the Competition and Markets Authority鈥檚 (CMA) use of Interim Measures and derogations in merger investigations, including the:聽

• circumstances in which the CMA will require Interim Measures聽

• form that Interim Measures will typically take聽

• types of derogations that the CMA is likely (or unlikely) to grant聽

• timing for imposing and revoking Interim Measures and granting derogations聽

2 January 2025: revised guidance published聽

The revised guidance reflects 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 guidance takes effect on 1 January 2025.聽

The parts of the revised guidance dealing with dealing with penalty powers introduced by the DMCCA24 (paragraphs 7.7 to 7.10) are subject to the transitional provisions in the . The new penalty powers in relation to the supply of false or misleading information in the context of Interim Measures will only apply to false or misleading information supplied to the CMA on or after 1 January 2025. The new penalty powers in relation to breaches of Interim Measures will apply to undertakings and orders accepted/made on or after 1 January 2025.聽聽

Templates

The Initial enforcement order template is used by the CMA as the basis for interim orders made by it under the Enterprise Act 2002 (as amended) in relation to completed mergers.

The derogation request template should be used by merging parties as a basis for the proposed consent letter granting the derogation that would be issued by the CMA.

Updated to reflect changes to the mergers regime brought about by the Digital Markets, Competition and Consumers Act 2024.