Publications and speeches

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Publications

The OFT publishes a range of material giving details about the merger procedures.

Publications are available as Adobe Acrobat files, for which you will need a copy of the Acrobat Reader software. This can be downloaded free from the Adobe website.

Explanatory note in relation to 'Interim arrangements for informal advice and pre-notification contacts' Oct 2007 (38 kb)
The explanatory note clarifies that until publication of the revised merger enforcement procedures guidance the OFT will continue to deal with informal advice and pre-notification contacts as outlined in 'Interim arrangements for informal advice and pre-notification contacts' issued in April 2006.

Interim arrangements for informal advice and pre-notification contacts Apr 2006 (122 kb)
The new April 2006 Notice sets out OFT interim practice from April 2006 until the OFT clarifies the long-term position on these non-statutory services prior to April 2007.  During this interim period, the OFT will deal with informal advice applications for good faith confidential transactions when presented with a case where the OFT's duty to refer is a genuine issue.

Mergers - procedural guidance May 2003 (237 kb)
This guidance provides general information and advice on the procedures used by the OFT in operating the merger control regime set out in the Enterprise Act 2002.

Mergers - substantive assessment guidance May 2003 (234 kb)
Provides guidance on the criteria applied by the OFT when considering whether to refer a merger to the Competition Commission for further investigation.
An amendment (71 kb) to this guidance was issued in October 2004 reflecting the comments of the Court of Appeal in IBA Health v OFT on the test for reference of mergers to the Competition Commission. 
Revised guidance (pdf 123 kb) on the so-called 'markets of insufficient importance' - also known as 'de minimis' - exception in merger cases was issued in November 2007.

Merger fees (50 kb)
A leaflet detailing the fees payable for mergers qualifying for investigation.

Merger notice (184 kb)
This merger notice is to be used for notifying the OFT of proposed mergers that will not be completed before expiry of the consideration period. Please note that merger submissions cannot yet be made electronically, and faxed submissions cannot be accepted.

Prior notice of publicly proposed merger (100 kb)
A leaflet explaining the provisions of the Enterprise Act for giving prior notice of proposed mergers.

Enquiry letter (76 kb)
This letter is used by the OFT when seeking information about a merger that has been drawn to its attention other than by the parties to the merger. It is also a useful starting point for parties preparing their own informal submissions. 

Turnover guidance (133 kb)
Guidance note on the calculation of turnover for the purposes of Part 3 of the Enterprise Act 2002.

Ex post evaluation of mergers (519 kb)
An ex post evaluation of a group of mergers between 1990 and 2002 that were referred to the Competition Commission and subsequently cleared.

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Speeches

15 September 2008
OFT Merger Control - 5 years on, and an evolving style of review (124 kb) - a presentation given by Alastair Mordaunt, Director, Mergers, to the Law Society European Group.

10 September 2007
Caveat emptor...or, getting the deal stuck (113 kb) - a presentation given by Simon Pritchard, Senior Director, Mergers, to the Law Society European Group.

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