UK: Enterprise Act 2002 Section 58 Order 2026 Broadens Merger Scrutiny

• The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026, UKSI 2026/1075, will introduce new criteria for public interest interventions in UK mergers.
• This statutory instrument is set to become effective in 2026, amending the existing framework of the Enterprise Act 2002.
• The Order will broaden the scope of Section 58, allowing the Secretary of State to consider additional factors beyond traditional competition concerns when reviewing mergers.
• Businesses and legal professionals must understand these new considerations to navigate future competition law assessments and merger control processes effectively.
• The amendment reflects an evolving approach to merger scrutiny, potentially increasing the complexity of regulatory approvals in the UK.

Lawyers and compliance officers in the UK should monitor the full text of this upcoming statutory instrument to understand how it specifies additional considerations for Section 58 of the Enterprise Act 2002, which will impact competition law assessments and merger control processes from its effective date.

The United Kingdom is set to introduce a significant amendment to its competition law framework with the upcoming Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026. This new statutory instrument, identified as UKSI 2026/1075, is designed to specify new criteria that will be taken into account when assessing certain mergers under Section 58 of the Enterprise Act 2002. Its implementation is anticipated to reshape how public interest interventions are considered within the UK's merger control regime.

The Order is expected to come into force in 2026, marking a pivotal moment for businesses and legal professionals operating within the UK market. While the full text of the Order is yet to be widely disseminated, its title clearly indicates an expansion or clarification of the factors that can trigger a public interest intervention, moving beyond purely competition-related concerns. This development underscores an evolving approach to merger scrutiny, where broader societal or economic factors may gain increased prominence.

Section 58 of the Enterprise Act 2002 provides the legal basis for the Secretary of State to intervene in mergers that raise specific public interest concerns, even if the Competition and Markets Authority (CMA) has not identified substantial competition issues. Historically, these public interest considerations have been narrowly defined, often encompassing national security, media plurality, or financial stability. The new Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026 will introduce an 'additional consideration,' thereby broadening the scope for such interventions.

This amendment represents a notable evolution in competition law UK 2026, as it grants the government more explicit powers to scrutinize mergers through a wider lens. The precise nature of this additional consideration remains to be fully detailed within the Order's text, but it is expected to introduce new dimensions to merger assessments. This could include factors such as technological sovereignty, environmental impact, or critical infrastructure resilience, reflecting contemporary policy priorities. Such Enterprise Act 2002 amendments are crucial for understanding the future landscape of UK merger control.

The introduction of the Enterprise Act 2002 Section 58 Order 2026 will have significant ramifications for companies contemplating mergers and acquisitions in the UK. Parties involved in transactions will need to meticulously assess their deals not only against traditional competition criteria but also against these newly specified additional considerations. This necessitates a more comprehensive due diligence process and potentially longer or more complex regulatory reviews, as the scope for governmental intervention expands.

Lawyers and compliance officers in the UK should monitor the full text of this upcoming statutory instrument to understand how it specifies additional considerations for Section 58 of the Enterprise Act 2002, which will impact competition law assessments and merger control processes from its effective date. The CMA, while primarily focused on competition, will likely need to adapt its advisory role to the Secretary of State, incorporating these new public interest factors into its preliminary assessments. The Order signifies a proactive step by the UK government to ensure that merger outcomes align with broader national interests, potentially leading to increased scrutiny and a more nuanced approach to deal approvals.

Lawyers and compliance officers in the UK should monitor the full text of this upcoming statutory instrument to understand how it specifies additional considerations for Section 58 of the Enterprise Act 2002, which will impact competition law assessments and merger control processes from its effective date.

Source: Original reporting via UK legislative announcements