Government in markets: OFT1113

Framework for analysing government’s interaction with markets, and to understand the different ways in which government can affect markets.


Government in Markets

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Erratum Note: Government in Markets guidance (OFT1113)

On 23 December 2020, the CMA published an updated version of its guidance Mergers: Guidance on the CMA’s jurisdiction and procedure (CMA2), which stated at Annex B that the CMA’s Government in Markets guidance (OFT1113) had been withdrawn, and it was subsequently marked as withdrawn on GOV.UK. This was an error and has now been corrected.

This note confirms that OFT1113 remains applicable guidance.

This guidance was originally published by the Office of Fair Trading (OFT) and has been adopted by the CMA Board. The original text has been retained unamended, therefore it does not reflect or take account of developments in case law, legislation or practice since its original publication.

Please also note:

  • all references to issues of jurisdiction or procedure in mergers cases or market studies or investigations must be read in the light of Mergers: Guidance on the CMA’s jurisdiction and procedure (CMA2) and Market studies and market investigations: Supplemental guidance on the CMA’s approach (CMA3); in the case of conflict, CMA2 or CMA3 prevails
  • all references to issues of legal assessment and procedure in investigations under the Competition Act 1998 (CA98) must be read in the light of Competition Act 1998: Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8); in the case of conflict, CMA8 prevails
  • references to ‘OFT Rules’, ‘Rules of Procedure’ or equivalent should be read as referring to The Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014 SI 2014/458 (the CA98 Rules) but note that in the case of any conflict between the Article numbers or content of the CA98 Rules and the previous OFT Rules, the CA98 Rules prevail
  • references to the OFT or the Competition Commission (CC) (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
  • references to the substantive powers of investigation or assessment of the approach to applying legal powers (for example, the approach to publishing notices of investigation, interim measures or penalties for non-cooperation with an investigation under the CA98), should be read in light of CMA8
  • references to ‘referral to the CC’ or ‘a reference to the CC’ should be read as the referral of a case by the CMA (or Secretary of State) either for a Phase 2 investigation involving an Inquiry Group of CMA panel members or for a market investigation by a market reference group of CMA panel members
  • references to articles of the EC Treaty should be read as referring to the equivalent articles of the Treaty on the Functioning of the European Union
  • certain OFT or CC departments, teams or individual roles may not be replicated in the CMA, or may have been renamed; the CMA’s structure is set out in our organisation chart
  • do not use any contact details quoted; please go to the home page for details on how to contact the CMA
Published 1 September 2009