The flexibility of merger control in the UK can allow acquisitions to be completed without notification, and without the OFT’s involvement. Is this all about to change?
The UK merger control regime is unusual in two respects. First, the UK system is voluntary, in the sense that it is up to the merging parties to decide whether or not to notify the deal to the competition authorities. Second, the UK system is non-suspensive; that means the parties can choose to complete the deal before receiving clearance, irrespective of whether the Office of Fair Trading (OFT) investigates the case (notified or unnotified).
