Jurisdiction(s):
United Kingdom

UK competition update: CMA DMCCA guidance and MoUs; penalties, transparency and road fuel powers; concurrency review; NSI review; subsidy advice; CAT dismisses BT landline claim; Court of Appeal on limitation

Published on: 19 December 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Antitrust CMA publishes updated version of its Guidance on investigation procedures under the CA 1998 cases following changes brought by the DMCCA

The CMA has issued a refreshed edition of its Guidance on investigation procedures in Competition Act 1998 cases (CMA8). In publishing this updated version, the CMA has revised the Guidance to mirror changes introduced by the Digital Markets, Competition and Consumers Act 2024 (DMCCA), as well as to capture other developments in CMA policy and practice arising since the last iteration. They also reflect wider practice developments at the authority.

The principal DMCCA-related amendments concern the following:

The CMA’s new duty to conduct cases with expedition.
A new power for the CMA to impose administrative penalties for failures to comply with investigatory requirements, and for breaches of commitments and directions.
Clarification within the Guidance that a draft penalty statement will ‘normally’ be supplied at the same time as the statement of objections.

The Guidance also contains revisions to the settlement procedure. The CMA has explained that the resource savings capable of justifying settlement include those achieved because the settling party agrees not to appeal the decision, and that such savings are relevant to the assessment of whether settlement is appropriate...

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