Consultation outcome

Sunset clauses in market investigation remedies: updated guidance

This consultation has concluded

Download the full outcome

Detail of outcome

The Competition and Markets Authority (CMA) has published its response to the consultation and updated guidance on sunset clauses in market investigation remedies.

Feedback received

Clifford Chance LLP

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Elcena Jeffers Foundation

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Freshfields Bruckhaus Deringer LLP

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Law Society of Scotland

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Office of Rail and Road

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RWE npower

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Detail of feedback received

Responses to the consultation can be found above.

Original consultation

Summary

A consultation on proposed changes to the CMA's market investigations guidelines, in relation to the use of ‘sunset clauses’ in remedies.

This consultation ran from
to

Consultation description

The Competition and Markets Authority (CMA) consulted on updating the guidance on the use of sunset clauses and the duration of remedies issued in its Market investigations guidelines (CC3).

A sunset clause specifies a date or an event beyond which a measure taken to remedy a market will no longer apply.

The guidelines are being updated to set out changes to the CMA’s approach both to sunset clauses and to reviewing the continuing appropriateness of remedies in market investigations.

Once proposed amendments have been finalised following consultation, the Market studies and market investigations supplemental guidance (CMA3) will be updated to reflect the changes.

Documents

Published 27 May 2015
Last updated 23 September 2015 + show all updates
  1. Responses to consultation published.
  2. First published.