Consultation outcome

Consultation on draft CA98 procedures guidance

• From: Competition and Markets Authority
• Published: 31 August 2021
• Last updated: 10 December 2021 — See all updates

This consultation has concluded

Read the full outcome

Summary of responses

PDF, 239 KB, 3 pages

Detail of outcome

The CMA has made revisions to its published guidance on procedures for running Competition Act 1998 (CA98) cases.

Feedback received

Baker McKenzie

PDF, 200 KB, 3 pages

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City of London Law Society

PDF, 158 KB, 4 pages

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Original consultation

Summary

The CMA is consulting on proposed revisions to its published guidance on procedures for running Competition Act 1998 (CA98) cases.

This consultation ran from
2pm on 31 August 2021 to 5pm on 28 September 2021

Consultation description

The CMA is inviting views on amendments to the Settlement chapter in the CMA’s Guidance on the CMA’s investigation procedures in Competition Act 1998 (CA98) cases (CMA8).

The proposed changes aim to increase the prospects of any settlement yielding procedural efficiencies and resource savings. The proposed changes will help to ensure that any settlement normally brings finality to the investigation and cannot easily be re-opened by the settling party subsequently appealing against the infringement decision, thereby undoing the settlement it had agreed. They seek to achieve this by setting out that the CMA will only agree to settlement if the party agrees that it will not subsequently appeal against the decision, including any financial penalty imposed.

The CMA’s proposed amendments are informed by the recent (unsuccessful) appeal to the Competition Appeal Tribunal against a decision of the CMA following a settlement procedure. The CMA considers the proposed approach to be in the interest of ensuring that settlements normally achieve finality in CA98 cases, as they are intended to do, in the interests of efficient and effective CA98 enforcement and of making the best use of public resources.

Documents

Ensuring finality in settlement cases – Proposed amendments to the Guidance on the CMA’s investigations procedure in Competition Act 1998 cases – Consultation

PDF, 204 KB, 6 pages

Published 31 August 2021
Last updated 10 December 2021 + show all updates

1. 10 December 2021

   Summary of responses and responses to the consultation published.

2. 31 August 2021

   First published.