Consultation on competition and consumer protection related information sharing – outcome of the public consultation
Published 18 March 2024
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This publication is available at https://www.gov.uk/government/consultations/competition-and-consumer-protection-related-information-sharing/outcome/478ef27d-9324-4d9c-ad8f-a2ce5b7c0895
Introduction
The sharing of information among regulators and public bodies plays an important role in effective enforcement and regulation. There can therefore be significant benefits to ensuring that the Competition and Markets Authority (CMA) and other relevant public authorities are able to share information gathered in connection with the exercise of their functions. Nevertheless, such information sharing should be limited to where it is appropriate and effective safeguards need to apply to protect personal data and commercially sensitive information.
The legal framework for information sharing in relation to competition and consumer law enforcement matters is contained within Part 9 of the Enterprise Act 2002 (the Act). This includes important statutory obligations that apply to the disclosure of information relating to individuals and businesses that comes to the CMA or other relevant public authorities.
Under the Act, the CMA and other relevant competition and consumer regulatory and protection authorities are prohibited from disclosing specified information which relates to the affairs of an individual or any business of an undertaking, except in certain circumstances. These are set out in so-called information sharing gateways.
A public consultation was carried out on 2 proposals which would amend Part 9 of the Act to add enactments to Schedule 15 of the Act to ensure that the exchange of competition and consumer-protection related information between relevant UK public authorities is enabled to assist them in discharging their statutory functions.
The government is taking forward The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024 to make these changes.
Outcome of the consultation
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024 was informed by a public consultation on the 2 main policy proposals.
In relation to the addition of enactments covering additional Bank of England functions to Schedule 15 of the Act, the consultation asked whether respondents agreed or disagreed with enabling the CMA and other relevant public authorities to share specified information with the Bank of England to support the Bank’s functions under the legislation in question.
In relation to the proposal of the addition of the Procurement Act 2023 to Schedule 15 of the Act, the consultation asked whether respondents agreed or disagreed with enabling the disclosure of information about certain competition infringements or potential infringements to contracting authorities and the Procurement Review Unit for the purposes of determining whether to exclude or debar suppliers from relevant procurement procedures.
The consultation was published online and was open for 4 weeks and received one response. The respondent opposed the making of the consequential amendment to enable the disclosure of information about certain competition infringements or potential infringements to contracting authorities and the Procurement Review Unit for the purposes of determining whether to exclude or debar suppliers from relevant procurement procedures. No reasons were given for the opposition to the amendment.
Next steps
The government considered this response and decided to proceed with the changes set out in the consultation. The government is taking forward The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2024 to make these changes.