Consultation outcome

Consultation on draft CA98 penalties guidance

This consultation has concluded

Read the full outcome

Detail of outcome

The CMA has published its update penalties guidance.

Feedback received

Ashurst

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Baker McKenzie

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Bristows LLP

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Freshfields Bruckhaus Deringer LLP

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Hugh Mullan (Individual)

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The In-House Competition Lawyers' Association UK

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The Society of Corporate Compliance and Ethics

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Van Bael & Bells

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Detail of feedback received

Details of feedback received are discussed in the response to consultation document.


Original consultation

Summary

The CMA is consulting on proposed revisions to its published guidance on penalty setting in Competition Act 1998 (CA98) cases.

This consultation ran from
to

Consultation description

The CMA is inviting views on proposed revisions to its guidance on penalty setting in CA98 cases (the Penalties Guidance). The proposed changes aim to provide a more transparent framework in the CMA’s approach to penalty-setting with a view to ensuring that each step has a clearly defined purpose and methodology.

The CMA considers it is important to make these revisions now, as the CMA will be taking on an increased caseload following the UK’s exit from the EU and is likely to need to take enforcement action and ensure effective deterrence in respect of large, multi-national companies active in the UK.

The CMA also proposes to make changes to the Penalties Guidance in the light of EU Exit and the amendments to relevant legislation made by the Competition (Amendment etc.) (EU Exit) Regulations 2019 (as amended by the Competition (Amendment etc.) (EU Exit) Regulations 2020).

Documents

Updates to this page

Published 2 July 2021
Last updated 16 December 2021 + show all updates
  1. Summary of responses and responses to the consultation published.

  2. First published.

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