UK Merger Control: Recent Developments

15 Jul 2011

The most prominent recent developments in UK merger control are the protracted News Corp/BSkyB saga and the Ryanair v. OFT litigation at the CAT. The former has been analysed exhaustively and the latter will be illuminated by the forthcoming judgment of the CAT. This update therefore leaves these cases to one side and instead discusses three other topical merger control issues: the counterfactual; the “timeliness” test for new entry; and the use of hypothetical questions in merger surveys.