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Merger control in the United Kingdom has recently entered a new
phase in its development. The advent of the relevant aspects of the
Enterprise Act 2002 has been welcomed as a "depoliticisation" of
the regime. The role of the Secretary of State has been all but
excised, and the substantive criteria against which mergers are
assessed have been revised to offer formally a competition-based
standard. Together with guidance published subsequently, the
reforms also prescribe a range of new procedural guarantees for
those parties affected under the regime. In addition, the EC merger
control regime and in particular the nature of its relationship
with the competent authorities of the Member States has been
significantly revised.
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