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UK and EU competition update: CMA consults on CA98 guidance (DMCCA changes), T&L Sugars/Tereos clearance, RHA trucks CPO, IAG-Air Europa abandoned - 8 August 2024

Published on: 08 August 2024

Published by a LexisNexis Competition expert
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UK antitrust

CMA launches consultation on updated version of its guidance on investigation procedures in Competition Act 1998 cases

The CMA has opened a consultation on a refreshed draft of its Guidance on investigation procedures in Competition Act 1998 cases (CMA8). Following its review, the CMA considers the Guidance continues to be fit for purpose. Nonetheless, it proposes amendments to capture changes introduced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA) and other developments in CMA policy and practice. The key DMCCA-driven updates cover:

  • the CMA’s new obligation to act with expedition;
  • a new ability to impose administrative penalties for failures to comply with investigatory requirements, and for breaches of commitments and directions;
  • enhanced investigatory powers, including authority to interview any individual; strengthened powers to require production during inspections of electronic information accessible from the premises; powers to require assistance; provision of investigative assistance; and a new duty to preserve documents...

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