Consultation outcome

Draft guidance on the functions of the CMA after the end of the Transition Period

This consultation has concluded

Download the full outcome

Detail of outcome

The CMA has published guidance on its functions after the end of the Transition Period. The updated guidance provides information on the CMA’s merger, antitrust (including cartels) and consumer functions when the Transition Period comes to an end on 31 December 2020. It also covers the CMA’s approach in relation to “live” cases at the end of the Transition Period.

Feedback received

Association of Chief Trading Standards Officers (ACTSO)

Baker McKenzie

Freshfields Bruckhaus Deringer LLP

International Airlines Group and British Airways plc

Joint Working Party

Law Society of Scotland

Detail of feedback received

The responses can be found above.

Original consultation


The CMA is consulting on its draft guidance on its functions after the end of the Transition Period.

This consultation ran from

Consultation description

We are inviting views on the content of the Draft Guidance on the Functions of the CMA after the end of the Transition Period, and in particular on whether it provides sufficient information and clarity.

The Draft Guidance explains the legal changes expected to result from 11:00pm on 31 December 2020, when the Transition Period ends, in relation to:

  • merger cases under the Enterprise Act 2002 (EA02)
  • ‘antitrust’ cases, including cartels, under the Competition Act 1998 (CA98) – i.e. relating to the competition law prohibitions on anti-competitive agreements and on abuse of a dominant position
  • enforcement of consumer protection legislation, in particular under Part 8 of the EA02
  • cases over which the European Commission has ‘continued competence’ under the terms of the Withdrawal Agreement

The CMA will publish a final version of the updated Draft Guidance, having considered the comments received.


Published 2 October 2020
Last updated 1 December 2020 + show all updates
  1. Full outcome, responses to the consultation and summary of responses to the consultation published.

  2. First published.