Mobility scooters: anti-competitive practices
The CMA is investigating suspected breaches of competition law relating to the supply of mobility scooters online under Chapter I CA98.
|September 2017||Decision whether to proceed with the investigation or to close the investigation|
|23 August 2017||Decision to withdraw immunity from financial penalty|
|July 2017||Decision whether to proceed with the investigation or to close the investigation - CMA decided to proceed with the case|
|April to July 2017||Initial investigation: information gathering, including issuing formal or informal information requests and receipt of parties’ responses|
|11 April 2017||Investigation opened|
Decision to withdraw immunity from penalty
23 August 2017: The CMA issued a decision to TGA Mobility Limited and 2DS & TGA Holdings Limited (together TGA), a mobility scooter supplier, to withdraw its limited immunity from financial penalty.
The CMA found that TGA entered into one or more agreements with 3 online retailers which prevented those retailers from advertising prices online or from advertising below specified prices online. These agreements are likely to infringe Chapter I CA98. TGA benefitted from immunity from financial penalty as the combined turnover of the parties to the agreements is no more than £20 million. TGA risks a penalty of up to 10% of its worldwide turnover if it restricts the freedom of retailers to advertise prices online in the future.
The agreements took place despite a warning to TGA in March 2013 from the Office of Fair Trading (one of the CMA’s predecessor bodies) of the unlawfulness of such behaviour and despite previous infringement decisions against other companies in this sector for similar behaviour.
The CMA is now reviewing next steps in the ongoing investigation.
11 April 2017: The Competition and Markets Authority (CMA) launched an investigation under Chapter I of the Competition Act 1998 (CA98) into suspected breaches of competition law in respect of the supply of mobility scooters online in the UK.
Any media enquiries should be directed to a member of our Press Office
Assistant Project Director
Eithne McCarthy (020 3738 6164, email@example.com)
Christiane Kent (020 3738 6250, firstname.lastname@example.org)
Senior Responsible Officer
Ann Pope (020 3738 6786, email@example.com)
Anyone with information about suspected anti-competitive activity is encouraged to contact the CMA.
Published: 12 April 2017
Updated: 23 August 2017
Opened: 11 April 2017
- Decision to withdraw immunity from penalty announced.
- First published.