The Department of Trade and Industry has announced major increases to UK merger control fees. The increases follow a consultation exercise run last year. From April this year the fees will be:
- £15,000 - payable where the UK turnover of the company being acquired is £20 million or less
- £30,000 - payable where the UK turnover of the company being acquired is more than £20 million but less than £70 million
- £45,000 - payable where the UK turnover of the company being acquired exceeds £70 million
This represents a tripling of the existing fees. In April 2009 these fees will themselves be doubled taking the three fee rates to £30,000, £60,000 and £90,000.
These increases follow the Office of Fair Trading's decision at the end of last year to suspend the system of providing confidential guidance and informal advice to companies proposing to merge. It remains to be seen whether these changes will act as a brake on merger activity but together they represent a significant stiffening of the regime.
Notification in the UK remains voluntary, but with the possibility that a qualifying merger which is not notified may be referred to the Competition Commission.
The consultation on merger control fees together with the DTI’s response can be found at:
http://www.dti.gov.uk/ccp/archive/consultations.htm
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
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The original publication date for this article was 09/01/2006.
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