Government plans to simplify the approval procedures for mergers may actually increase the number of cases being referred to the Monopolies and Mergers Commission (MMC), according to a leading competition lawyer.
Trade and Industry Secretary Stephen Byers said this week the Government would be consulting the business community in March on proposals to reduce political interference in merger deals.
It is believed he wants government intervention to be limited to a handful of areas, including defence and the media. This would leave the Office of Fair Trading (OFT) free to decide on whether proposed mergers should be referred to the MMC – to be renamed the Competition Commission.
Freshfields competition partner Deirdre Trapp said the changes could make the approval process more predictable for clients, but that the OFT may be less inclined than government ministers to allow controversial mergers to go through. She said this could mean more mergers being referred to the MMC and increased business for lawyers.
Linklaters competition partner David Hall said he would welcome any proposals that would remove the political element from the approval process.