Transparency data

Authorisation of staff of the CMA, the CMA Panel Chair and designated CMA Panel Members

Updated 5 January 2023

I, Marcus Bokkerink, Chair of the Competition and Markets Authority (the CMA) hereby authorise^{[footnote 1]} the staff and committees of the CMA (in accordance with their terms of reference) to exercise the functions of the CMA pursuant to paragraph 29 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (the Act), subject to paragraph 30 of that Schedule, as follows:

Part 1: Authorisations

Fully authorised

1 . The Chief Executive and Executive Directors are each authorised individually, and the Executive Committee of the CMA is authorised collectively, to do anything authorised or required to be done by the CMA by or under any enactment.

2 . Subject to paragraph 1 above, the staff of the CMA are not authorised to exercise the CMA’s subsidy control functions unless they have been authorised for that purpose by the Subsidy Advice Unit^{[footnote 2]}, whether generally or specifically.

Fully authorised subject to exceptions

3 . The General Counsel/Deputy General Counsel and each Senior Legal Director is fully authorised, subject to Exception i of Part 2.

4 . The Chief Economic Adviser/Deputy Chief Economic Adviser and each Senior Director is fully authorised, subject to Exceptions i and ii of Part 2.

5 . Notwithstanding the exceptions set out at paragraph 4 above, each Senior Director who is legally qualified and is appointed to conduct a criminal prosecution under any legislation or law, is fully authorised in respect of the CMA’s criminal enforcement functions under that legislation or law, subject to Exception i of Part 2.

6 . Each Director is fully authorised, subject to Exceptions i, ii, ix and xx-xxi of Part 2.

7 . Notwithstanding the exceptions set out at paragraph 6 above, each Director who is legally qualified and is appointed to conduct a criminal prosecution under any legislation or law, is fully authorised in respect of the CMA’s criminal enforcement functions under that legislation or law, subject to Exceptions i, ix and xx-xxi of Part 2.

8 . Notwithstanding the exceptions applicable to Directors set out at paragraphs 6 and 7 above, Litigation Directors are fully authorised in respect of all of the CMA’s functions for the purpose of bringing and conducting legal proceedings.

9 . Each Assistant Director allocated to a Phase 1 merger project, conducted under Part 3 of the Enterprise Act 2002, is fully authorised subject to Exceptions i-ix and xi-xxi of Part 2.

10 . Notwithstanding the exceptions set out at paragraph 9 above, each Assistant Director who is legally qualified and is appointed to conduct a criminal prosecution under any legislation or law, is fully authorised in respect of the CMA’s criminal enforcement functions under that legislation or law, subject to Exceptions i and iii-xxi of Part 2.

11 . Each staff member of the CMA is fully authorised, subject to Exceptions i-xxi of Part 2.

Authorisation of the Subsidy Advice Unit

12 . The Subsidy Advice Unit, as a committee of the Board, is authorised to exercise the CMA’s subsidy control functions. Further, the Subsidy Advice Unit is authorised, pursuant to paragraph 20 of Schedule 4 to the Act, to do anything which is calculated to facilitate, or is conducive to or incidental to, the performance of any subsidy control function.

13 . A subsidy control function that the Subsidy Advice Unit is authorised to carry out may, so far as the Subsidy Advice Unit authorises (whether generally or specifically), be carried out by:

• a member or sub-committee of the Subsidy Advice Unit
• a member of the CMA Board, or
• a member of staff of the CMA

14 . The Subsidy Advice Unit may make a reference for the constitution of a CMA group under Schedule 4 to the Act.

Delegation of authorisation

15 . Subject to any express restrictions contained in an authorisation and to any applicable professional requirements, any person or committee authorised to perform a function may, using any suitable means, authorise any member of staff or committee of the CMA, and any committee may authorise a sub-committee or decision group,^{[footnote 3]} to perform that function for such period and under such conditions as may be considered appropriate (provided that any such committee or sub-committee does not include members who are not a member of the CMA or of its staff)^{[footnote 4]}.

Part 2: Exceptions

16 . The following exceptions apply to authorisations as specified in Part 1 above.

i. Withholding information pursuant to an opinion of the qualified person under section 36 of the Freedom of Information Act 2000.

ii. Bringing and conducting legal proceedings on behalf of the CMA.

iii. Giving a direction or giving written notice of a proposed direction arising from a finding or suspicion that an infringement of competition law has occurred.

iv. Making or publishing a decision, or giving written notice of a proposed decision that an infringement of competition law has occurred.

v. Requiring payment of a penalty in respect of an infringement of competition law.

vi. Accepting commitments (including variations and substitutions of commitments) or releasing commitments under section 31A of the Competition Act 1998.

vii. Authorising the disclosure of information or production of documents under section 196(2)(b) of the Enterprise Act 2002.

viii. Issuing or varying a written notice under section 190(4) of the Enterprise Act 2002.

ix. Making a merger reference to the Chair of the CMA under Part 3 of the Enterprise Act 2002.

x. Making, releasing, revoking, varying or superseding an initial undertaking or enforcement order made or accepted, as appropriate, under Chapter 4 of Part 3 or Schedule 7 of the Enterprise Act 2002.

xi. Accepting, releasing, varying or superseding undertakings in lieu of a merger reference.

xii. Advising the Secretary of State in public interest merger cases (Chapter 2 of Part 3 of the Enterprise Act 2002).

xiii. Authorising any person to do any of the following (whether or not under warrant or on notice): enter premises; inspect, seize or detain goods; break open or require the opening of a container or machine; or make a test purchase.

xiv. Taking any decision as to whether, in a particular case, the CMA or another public authority should perform a function which is exercisable concurrently with that authority.

xv. Giving a notice under section 174 of the Enterprise Act 2002 in relation to Phase 1 work conducted under Part 4 of that Act and imposing a penalty under section 174A of that Act in respect of such a notice.

xvi. Carrying out a function of the CMA listed under section 133A(2) of the Enterprise Act 2002 where the group constituted under section 133A(1) of that Act has ceased to exist.

xvii. Imposing a penalty pursuant to sections 42 and 43 of the United Kingdom Internal Market Act 2020, for not complying with a notice issued under section 41 of that Act.

xviii. Accepting a request to give advice or to provide a report, or declining to provide advice or a report requested by a national authority pursuant to section 34(1), section 35(1), or section 36(1) of the United Kingdom Internal Market Act 2020.

xix. Authorising the commission of a survey (or other authorisation of work which incurs similar expense) in connection with the performance of the OIM’s functions.

xx. Making a request to the OIM Panel Chair to constitute an OIM task group in accordance with Part 3A of Schedule 4 of the Enterprise and Regulatory Reform Act 2013.

xxi. Authorising an OIM task group for the purpose of carrying out, on the CMA’s behalf, functions of the CMA under Part 4 of the United Kingdom Internal Market Act 2020.

Part 3: Authorisation of the CMA Panel Chair and designated panel members

17 . Martin Coleman, as a member of the CMA Panel appointed under Part 3 of Schedule 4 to the Act and a person appointed to membership of the CMA Board under paragraph 1(1)(b)(iii) of Schedule 4 to the Act and Kirstin Baker and Kip Meek, each a member of the CMA Panel appointed under Part 3 of Schedule 4 to the Act who is designated by the Secretary of State for the purpose of paragraph 48 of Schedule 4 to the Act, are authorised to exercise on my behalf those functions listed in paragraph 48(4) of Schedule 4 to the Act, which includes any reference made by the Subsidy Advice Unit for the constitution of a CMA group under Schedule 4 to the Act.

Part 4: Interpretation and entry into force

18 . The Interpretation Act 1978 applies to these authorisations as it applies to an Act of Parliament.

19 . In these authorisations:

• ‘legal proceedings’ means proceedings before any Court or Tribunal established by law
• ‘legally qualified’ refers to a person who is a barrister in England and Wales or Northern Ireland, a solicitor of the Senior Courts of England and Wales or a solicitor of the Court of Judicature of Northern Ireland
• ‘Phase 1’ means work of the CMA up to and including the making of a reference to the Chair of the CMA for the constitution of a group under Schedule 4 to the Act
• ‘professional requirements’ includes the requirement for an individual to be legally qualified to carry out certain CMA functions
• ‘Subsidy Advice Unit’ is a committee of the CMA Board, established pursuant to section 68(1) of the Subsidy Control Act 2022
• ‘subsidy control functions’ has the meaning given by section 68(6) of the Subsidy Control Act 2022

20 . For the avoidance of doubt:

• any reference to a position held by a staff member of the CMA is a reference to the staff member who holds that position from time to time, whether permanently or temporarily and includes persons working on secondment to the CMA
• any person or committee authorised hereunder to perform any function of the CMA is, pursuant to paragraph 20 of Schedule 4 to the Act, authorised to do anything which is calculated to facilitate, or is conducive to or incidental to, the performance of that function
• any authorisation granted by a person or committee may be revoked by that person or committee

21 . These authorisations shall come into force on 16 November 2022.

Marcus Bokkerink, CMA chair

Designation of officers of the CMA for the purpose of section 34 of the Regulation of Investigatory Powers Act 2000 and section 94 of the Police Act 1997

I, Marcus Bokkerink, Chair of the Competition and Markets Authority (the CMA), being duly authorised to do so by the CMA Board on 16 November 2022^{[footnote 5]}, hereby designate the Chief Executive and each of the Executive Directors individually:

• for the purpose of section 34(4)(m) of the Regulation of Investigatory Powers Act 2000 (RIPA) as a person entitled to act in an urgent case for the Chair of the CMA to grant authorisations for the carrying out of intrusive surveillance under section 32 of RIPA, and

• for the purpose of section 94(2)(g) of the Police Act 1997 (PA) to exercise in an urgent case the powers conferred on the Chair of the CMA by section 93 of the PA, in each case where it is not reasonably practicable for the Chair of the CMA to do so. These designations shall come into force on 16 November 2022

Signed by: Marcus Bokkerink, Chair of the Competition and Markets Authority.

1. Being duly authorised to do so by the CMA Board on 16 November 2022, under paragraph 29, Schedule 4 to the Enterprise and Regulatory Reform Act 2013, subject to the limitations set out in paragraphs 29(2) and 29(3). ↩

2. The Subsidy Advice Unit is a committee of the CMA Board, established pursuant to section 68(1) of the Subsidy Control Act 2022. ↩

3. In cases under the Competition Act 1998, a case decision group will be appointed by the CMA’s Case and Policy Committee. ↩

4. Under Paragraph 29 of the Enterprise and Regulatory Reform Act 2013. ↩

5. Under paragraph 29, Schedule 4 to the Enterprise and Regulatory Reform Act 2013, subject to the limitations set out in paragraphs 29(2) and 29(3). ↩