Part 2: Competition Chapter 2: Mergers Section 128: Fast-track references under sections 22 and 33 of EA 2002
This section introduces Schedule 5 which amends Part 3 of the Enterprise Act 2002 to enable the CMA to fast- track a merger to an in-depth Phase 2 investigation if it receives a request from the parties involved in a merger to do so. It streamlines merger review procedures and timelines by removing certain statutory duties on the CMA that previously limited use of the existing, non-statutory fast- track procedure.
	While the legislation does not specify for which reasons the parties involved in a merger can request a fast- track, this is most likely to be helpful where the facts of the case are such that the parties involved in a merger and the CMA both consider at an early stage of the investigation that it is highly likely that the merger will be referred to an in-depth Phase 2 investigation. Under such circumstances, it may be beneficial for all parties to streamline the review process and move straight to Phase 2.