May 13, 2026, 12:49 GMT | Insight
UK legislation to re-engineer the system of decision making for in-depth merger and market probes at the country’s antitrust regulator will be introduced by the government. The Competition Reform Bill will give the board of the
Competition and Markets Authority a role in decisions on mergers and market investigations, the government said on Wednesday.
The UK government is pushing ahead with its controversial plans to re-engineer the system of decision-making for in-depth merger and market probes at the country’s antitrust regulator.
The Competition Reform Bill will give the board of the Competition and Markets Authority a role in decisions on mergers and market investigations, the government said on Wednesday as it laid out its legislative agenda.
“We will ensure appropriate governance and procedural safeguards to maintain expert decision-making that is independent of government,” the government said in a document (see
here).
The
Department for Business and Trade has proposed replacing the CMA’s historic use of independent panels in decisions for key market investigations or phase II merger reviews with board sub-committees. These would combine CMA leaders with at least 50 percent drawn from the non-executive directors, or from a pool of experts.
The measures raised broad concerns during a consultation from businesses, enforcement and consumer voices that the perceived independence of the regulator could be compromised (see
here). The current CMA panel structure is set out directly in the Enterprise Act 2002, so would need a change in legislation.
The final details of the legislation will be shaped by the DBT’s consultation, the government said.
The Bill will also seek to speed up market reviews so that they will take no longer than 18-24 months, the government said. Current reviews can take more than three years. The government is also seeking to clarify the tests its uses to assess whether it has jurisdiction to investigate a merger.
“The Bill will also give businesses and the CMA more time at the early stages of an investigation to engage and, where appropriate, agree solutions quickly, thereby increasing the chances of resolving concerns without the need for longer, more costly in-depth investigations.”
Please email editors@mlex.com to contact the editorial staff regarding this story, or to submit the names of lawyers and advisers.
Tags
Sections:
Antitrust, Mergers & Acquisitions, DealRisk®
Industries:
Computing & Information Technology
Geographies:
United Kingdom, Europe, Northern Europe