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Merger Control in the United Kingdom
Andrew Scott, Morten Hviid, Bruce Lyons and Christopher Bright

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Table of contents

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TABLE OF CASES

TABLES OF LEGISLATION

INTRODUCTION: THE STRUCTURE AND CONTEXT OF MERGER CONTROL IN THE UNITED KINGDOM

1 The Structure and Context of Merger Control in the United Kingdom

PART I: THE SCOPE OF MERGER CONTROL IN THE UNITED KINGDOM

2 Introduction: The Relevant Merger Situation
3 The Merger Situation: 'Enterprises Ceasing to Be Distinct'
4 Determining Relevance: The Threshold Tests
5 Relationship with the EC Merger Control Regime

PART II: THE SUBSTANTIVE APPRAISAL OF MERGERS IN THE UNITED KINGDOM

6 Introduction: The Substantial Lessening of Competition
7 Determining the Relevant Market
8 Horizontal Effects: Unilateral
9 Horizontal Effects: Co-ordinated
10 Vertical Effects
11 Conglomerate and Indirect Effects
12 Quantitative Techniques in Merger Analysis

PART III: THE PROCEDURE AND ENFORCEMENT OF MERGER CONTOL IN THE UNITED KINGDOM

13 Introduction: The Two-Stage Assessment of Mergers
14 The Office of Fair Trading and Referral Decisions
15 The Competition Commission and Substantive Decisions
16 The Agreement of Merger Remedies
17 The Competition Appeal Tribunal and Judicial Review
18 Managing Risk in Regulatory Decisions

Part IV: Special Cases in UK Merger Control

19 Introduction: The Exceptional Character of Specific Circumstances
20 Intervention by the Secretary of State: (Special) Public Interest Cases
21 Intervention by the Secretary of State: Mergers in the Media Industry
22 Mergers in the Water Industry

CONCLUSION: THE FUTURE OF UK MERGER CONTROL

23 The Future of UK Merger Control

APPENDICES

Relevant Statute
A Enterprise Act 2002 (Parts 1-3 and 5; Schedules 1-4, 6-8, and 10-11)
B Communications Act 2003 (Part 5, Chapter 2)

Relevant Guidance
C A Summary of Office of Fair Trading and Competition Commission Guidance

Schematic Diagrams of the Merger Control Process
D Typical Shape of a Competition Commission Merger Inquiry
E Procedure Under Article 4(4) ECMR
F Procedure Under Article 4(5) ECMR
G Procedure Under Article 9 ECMR
H Procedure Under Article 22 ECMR

Standard Forms
I Merger Notice
J Template for Interim Undertakings (Competition Commission)
K Form RS: Reasoned Submission Pursuant to Article 4(4) and (5) of Council Regulation (EC) No 139/2004)