Consultation outcome

CA98 Procedures Guidance consultation

This consultation has concluded

Detail of outcome

The CMA has published its response to the consultation and updated procedural guidance. The updated procedural guidance includes guidance as to the circumstances in which it may be appropriate to accept commitments under the Competition Act 1998, which was approved by the Secretary of State for Business, Energy and Industrial Strategy on 14 January 2019.

Feedback received

Response to consultation

American Bar Association

Baker McKenzie

Bristows

Clifford Chance

City of London Law Society Competition Law Committee

Freshfields Bruckhaus Deringer

Joint Working Party of the Bars and Law Societies of the UK

Law Society of Scotland

Detail of feedback received

Details can be found above.

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
to

Consultation description

We are inviting views on some revisions to the current guidance. These changes are based on seeking to facilitate procedural efficiencies in conducting CA98 investigations and updating the guidance in light of experience gained since 2014, when the current guidance was adopted. The main substantive changes fall into the following areas:

  • complaint handling
  • information handling
  • interim measures
  • engagement with the parties
  • commitments

The guidance also proposes to incorporate material from, and to subsequently withdraw, OFT404 and OFT407.

Documents

Published 21 June 2018