The Competition and Markets Authority (CMA) has published revised guidance for merger remedies (CMA87) for consultation, as part of its efforts to ensure the UK merger control regime is effective and responsive to the needs of businesses and consumers.

The proposed changes introduce a more flexible approach to behavioral remedies, allowing them to be considered alongside structural remedies. This flexibility aims to ensure that any remedy proposed is effective and does not harm competition or lead to higher prices.

Key changes include widening the scope for behavioral remedies, which can now be accepted at both Phase 1 and Phase 2 of the merger review process. The guidance also emphasizes the importance of supporting pro-competitive efficiencies and customer benefits, ensuring that remedies enhance competition and provide clear benefits to UK consumers.

Additionally, the CMA is enhancing the merger remedy process by incorporating feedback from businesses and stakeholders, which will lead to greater transparency and engagement during the review process. This is expected to facilitate more deals being cleared with remedies at an earlier stage.

Joel Bamford, Executive Director for Mergers at the CMA, highlighted the importance of this consultation in aligning with the CMA's '4Ps' framework—pace, predictability, proportionality, and process. The CMA is inviting stakeholders to provide feedback on the proposed changes by November 13.