Guidance

Market investigations guidelines: CC3

Guidelines for market investigations: their role, procedures, assessment and remedies.

Documents

Guidelines for market investigations: Their role, procedures, assessment and remedies

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email webteam@cma.gsi.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

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:

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Paragraphs 5 and 6 These paragraphs explain the reforms introduced by the ERRA13 and therefore are superseded by this guidance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Paragraph 25 This paragraph is superseded by paragraphs 3.15 to 3.19 which explain the changes made in relation to how cases raising specified public interest considerations are handled during the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Paragraphs 50 to 87 These paragraphs describe the process for undertaking market investigations, and are superseded by paragraphs 3.24 to 3.64
Paragraph 54 The first sentence of this paragraph is superseded by paragraphs 3.5 to 3.7 which explain the shorter statutory timescales that apply to the market investigation stage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Paragraphs 334 to 341 These paragraphs are superseded by paragraphs 4.15 to 4.24 which explain the CMA’s new procedure relating to sunset clauses and reviews of remedies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
Last updated 5 July 2017 + show all updates
  1. Table in ‘Detail’ section updated (5th row) following consultation on the CMA’s approach to market investigations.
  2. First published.