UK public interest mergers: uncertain times ahead

In the public consultations leading up to the UK competition reforms introduced under the Enterprise and Regulatory Reform Act 2013, debate overlooked the uncertainties that still engulf ‘public interest mergers’ in the UK. The Secretary of State retains a residual power to propose new public interest exceptions and there is speculation of what form these new interests could take. This short article alludes to some of the proposals for new public interest criteria and considers the implications of these on the future of UK merger control