Merger Litigation in the United Kingdom

Abstract

Although the number of challenges to merger decisions is low, the jurisprudence of the Competition Appeal Tribunal (CAT) and the Court of Appeal has contributed significantly to the United Kingdom's administrative system of merger control. This article outlines the structure of merger control in the United Kingdom, including the jurisdiction, functions, procedures, and responsibilities of the Office of Fair Trading and the Competition Commission, as well as the application of the substantive “substantial lessening of competition” test. It also summarizes the specific assessment of the limited number of mergers that may raise public interest issues. This article then examines in detail the judicial supervision by the CAT and Court of Appeal, the nature of judicial review, and an in-depth assessment of key judgments in merger cases.