Mobility scooters: anti-competitive practices

The CMA investigated suspected breaches of competition law relating to the supply of mobility scooters online under Chapter I CA98.

Case timetable

Date Action
19 October 2017 Decision to close the investigation on administrative priority grounds
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

Case information

Case closure statement

On 19 October 2017, the CMA closed its investigation into suspected breaches of competition law relating to the supply of mobility scooters online on administrative priority grounds.

The reasons for closing the investigation are set out in the CMA’s case closure statement.

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 were likely to infringe Chapter I CA98. TGA benefitted from immunity from financial penalty as the combined turnover of the parties to the agreements was 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.

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.

Contacts

Media contact

Any media enquiries should be directed to a member of our Press Office

Assistant Project Director

Eithne McCarthy (020 3738 6164, eithne.mccarthy@cma.gsi.gov.uk)

Project Director

Christiane Kent (020 3738 6250, christiane.kent@cma.gsi.gov.uk)

Senior Responsible Officer

Ann Pope (020 3738 6786, ann.pope@cma.gsi.gov.uk)

Anyone with information about suspected anti-competitive activity is encouraged to contact the CMA.

Published 12 April 2017
Last updated 19 October 2017 + show all updates
  1. Investigation closed and case closure statement published.

  2. Decision to withdraw immunity from penalty announced.

  3. First published.