Rise in UK Merger Fees

01/10/2006

On Friday 6 January 2006 the UK Government announced that it will increase fees charged by the Office of Fair Trading (OFT) for transactions qualifying for a merger investigation under UK merger control law.  The first increase comes into effect on 6 April 2006 and the second on 6 April 2009.  The fees will apply not only to transactions notified by the parties but also to qualifying mergers reviewed by the OFT on its own initiative.  Small and medium-sized enterprises continue to be exempt from the fees.  However, the new rules will, for the first time, require non-UK acquirers to pay a merger review fee.

The current and new fee levels are banded according to the annual turnover of the target, as shown below:

UK turnover of target Current Fee Fee from April 2006 Fee from April 2009
£20 million or less £5,000 £15,000 £30,000
Between £20 million and £70 £10,000 £30,000 £60,000
Exceeds £70 million £15,000 £45,000 £90,000

 

McDermott Will & Emery

McDermott Will and Emery