Detail of outcome
The final guidance documents have now been published, following consultation:
- Consumer protection: guidance on the CMA’s approach to use of its consumer powers
- Guidance on the CMA’s investigation procedures in Competition Act 1998 cases
- Cartel offence prosecution guidance
- Regulated industries: concurrent application of competition law to regulated industries guidance
- Proposed approach to the treatment of existing Office of Fair Trading and Competition Commission guidance: Summary of responses to the consultation (see below).
Responses to the consultations on each of these guidance documents are published below, together with the CMA’s summary of and views on those responses.
The final guidance document: Remedies: guidance on the approach to the variation and termination of merger, monopoly and market undertakings and orders - and related Summary of responses - were published on 10 January 2014 due to the Remedies Guidance’s relevance to other guidance in Part 1 of this consultation.
The final guidance on the CMA’s investigation procedures in Competition Act 1998 cases above does not include the Competition Act 1998 Competition and Markets’ Authority’s Rules which were consulted upon together with the Competition Act 1998 Guidance. These can now be found in The Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014 (SI458) which will be available shortly on www.legislation.gov.uk.
The CMA has also published two further final guidance documents:
Transitional arrangements: guidance on the CMA’s proposed approach – Part 2. This compiles the final explanations of the CMA’s proposed approach to transitional arrangements that were previously included in the consultation drafts of the guidance documents referred to above.
Detail of feedback received
Consultation on “Remedies: guidance on the approach to the variation and termination of merger, monopoly and market undertakings and orders - consultation document” concluded and the CMA’s summary of responses and individual responses were published on 10 January 2014.
Responses to the rest of the documents in this consultation and the CMA’s summaries of those responses were published on 12 March 2014.
This consultation sets out how the Competition and Markets Authority (CMA) will work in practice, and how it will interact with businesses and individuals across the range of its powers and responsibilities. Views on the consultation documents are welcomed from businesses, their legal and other advisers, and other interested parties.
This is the second tranche of consultation documents for the CMA. It follows the introductory document, Towards the CMA, and the first five guidance documents:
- Mergers: guidance on the CMA’s jurisdiction and procedures
- Market studies and market investigations: supplemental guidance on the CMA’s approach
- Administrative penalties: statement of policy on the CMA’s approach
- Cost recovery in telecoms price control references: guidance on the CMA’s approach and
- Transparency and disclosure: statement of the CMA’s policy and approach
These were published for consultation as Competition and Markets Authority guidance: part 1 on 15 July. The consultation closed on 6 September.
This tranche is made up of an additional six guidance documents for consultation:
- Guidance on the CMA’s investigation procedures in Competition Act 1998 cases and Competition and Markets Authority Competition Act 1998 Rules
- Guidance on the approach to the variation and termination of merger, monopoly and market undertakings and orders
- Competition Law in the Regulated Industries: Concurrent application to regulated industries guidance
- Guidance on the CMA’s approach to use of its consumer powers
- Prosecution guidance on the criminal cartel offence
- Proposed approach to the treatment of existing Office of Fair Trading and Competition Commission guidance
The guidance documents in these consultations are being produced in parallel with new and amended Statutory Instruments on the details of the competition regime, on which the Department for Business, Innovation and Skills is consulting separately: Competition regime: draft secondary legislation – part two