Explains the changes introduced by the Enterprise and Regulatory Reform Act 2013 to the conduct of market studies and market investigations by the CMA under the Enterprise Act 2002, as amended.
This guidance is aimed at businesses and their advisers on the changes to the markets regime introduced by the Enterprise and Regulatory Reform Act 2013 (ERRA13).
- the legal framework including the roles of the CMA, the Secretary of State, and sectoral regulators
- ERRA13 provisions on governance and decision-making
- important procedural aspects of market studies and market investigations
This guidance includes the changes made in:
- September 2015 regarding the duration of remedies
- July 2017 regarding the CMA’s market investigation procedures
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: 10 January 2014
Updated: 5 July 2017
- Guidance updated following consultation on the CMA’s approach to market investigations.
- Guidance updated.
- First published.