Guidelines for market investigations: their role, procedures, assessment and remedies.
Ref: CC3 (Revised) PDF, 1.1MB, 116 pages
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This guidance was originally published by the Competition Commission (CC) 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 regarding the variation and termination of undertakings and orders or of jurisdiction or procedure in mergers cases or to market studies or investigations must be read in the light of Mergers: Guidance on the CMA’s jurisdiction and procedure (CMA2), Market studies and market investigations: Supplemental guidance on the CMA’s approach (CMA3) and Remedies: Guidance on the CMA’s approach to the variation and termination of merger, monopoly and market undertakings and orders (CMA11); in the case of conflict, CMA2, CMA3 or CMA11 prevail
- references to the Office of Fair Trading (OFT) or CC (except where referring to specific past OFT or CC practice or case law) should be read as referring to the CMA
- 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
The following table details particular changes, although please note that this is not intended to provide a comprehensive list of changes:
|Existing guidance reference in CC3||Supplemental guidance reference in CMA3|
|Paragraphs 5 and 6||These paragraphs explain the reforms introduced by the ERRA13 and therefore are superseded by this guidance|
|Paragraphs 22 and 46 to 48||Should be read in conjunction with paragraphs 1.23 to 1.27 which explain how the reference process and appointment of the reference group are changed to take account of the formation of the CMA|
|Paragraph 25||This paragraph is superseded by paragraphs 3.15 to 3.19 which explain the changes made in relation to how cases raising specified public interest considerations are handled during the market investigation stage|
|Paragraph 49||Should be read in conjunction with paragraph 1.22 which explains the reference process at an operational (staff) level|
|Paragraphs 50 to 87||These paragraphs describe the process for undertaking market investigations, and are superseded by paragraphs 3.24 to 3.64|
|Paragraph 54||The first sentence of this paragraph is superseded by paragraphs 3.5 to 3.7 which explain the shorter statutory timescales that apply to the market investigation stage|
|Paragraph 89||Should be read in conjunction with paragraphs 4.5 to 4.7 which explain the statutory timescales applicable to the remedies implementation period|
|Paragraphs 334 to 341||These paragraphs are superseded by paragraphs 4.15 to 4.24 which explain the CMA’s new procedure relating to sunset clauses and reviews of remedies|
|Paragraph 45 of Annex B||This paragraph is superseded by paragraph 4.25 which explains the CMA’s new procedure relating to sunset clauses and reviews of remedies|
The fines that could be imposed on summary conviction for certain criminal offences referred to in this document were, at that time, subject to specific caps of £5,000 or above. With effect from 12 March 2015, these caps have been removed and those specific offences are now punishable by a fine of any amount. For more information see the Ministry of Justice news story.
Published: 1 April 2013
Updated: 5 July 2017
- Table in ‘Detail’ section updated (5th row) following consultation on the CMA’s approach to market investigations.
- First published.