Collection

How the CMA investigates competition and consumer issues

Guidance about our processes for investigating competition and consumer issues in markets.

The Competition and Markets Authority (CMA) investigates mergers and anti-competitive practices in markets and can enforce a range of consumer protection legislation. We derive most of our powers from the Enterprise Act 2002 (EA02) and the Competition Act 1998 (CA98).

Mergers and markets are investigated initially at phase 1, but can be escalated to more in-depth phase 2 investigations. Decisions on merger and market inquiries referred for phase 2 investigation are taken by independent groups of panel members.

When the CMA takes part in criminal enforcement work, it acts in accordance with the duties set out in chapter 5 of the code of practice for victims of crime (victims code)

General

Competition Act 1998 and cartels

Under the CA98, we’re responsible for investigating where there may be breaches of UK or EU prohibitions against anti-competitive agreements and abuses of dominant positions. We’re also responsible for bringing criminal proceedings against individuals who commit the cartel offence under the EA02.

Markets

Under the EA02, we conduct market studies and investigations to assess particular markets where there are suspected competition problems. We can require market participants to take steps to address these problems.

Mergers

Under the EA02, we investigate mergers that could potentially give rise to a substantial lessening of competition. We can specify measures that the merging parties must take to prevent or unwind integration between them while the investigation takes place.

Regulatory appeals and references

We conduct regulatory appeals and references in relation to price controls, terms of licences or other regulatory arrangements under sector specific legislation (gas, electricity, water, post, communications, aviation, rail and health).

Published 25 September 2014