A pre-notification discussion (PND) is to help merger parties intending to submit a notification for decision to CCCS to identify the information needed for a complete submission, as well as any additional useful information that CCCS may require in assessing the notification.
We may, where appropriate, provide an indication as to whether any competition concerns arising from the merger can be discerned based on the facts which have been highlighted by the merger parties during the PND. Any indication relating to competition concerns provided by CCCS should be kept confidential by the merger parties. The indication is also not binding on CCCS. Alternatively, CCCS may give no indication based on the information available at that juncture.
If you intend to request a PND, you should send the written request to email@example.com or by post with the following information:
- For mergers that have not been carried into effect, provide sufficient information to show the good faith intention of the merger parties to carry the anticipated merger into effect. This may take the form of correspondence between the acquirer and acquired undertaking indicating their intention to enter into the merger, for example;
- For mergers which have already been carried into effect, provide information about the merger that are already in the public domain, including industry write-ups and official press releases;
- Details of the merger, such as a brief background to the merger and its key milestones;
- A brief description of the relevant market(s) and sector(s) involved;
- The likely impact of the merger on competition in those markets and sectors in general terms.
You will be asked to submit a draft application (comprising a Form M1 and supporting documents) to CCCS no less than 5 working days before the scheduled PND. You should also refer to the CCCS Guidelines on Merger Procedures before attending the PND. Prior to the PND, CCCS may also ask you to provide additional information.