Guidance

Competition Act 1998 cases in the regulated sectors

Updated 30 April 2024

Details of public cases which are currently being undertaken in the regulated sectors by UK Competition Network (UKCN) members under the Competition Act 1998 (CA98).

Airports

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Conduct in the transport sector (facilities at airports)	The Competition and Markets Authority (CMA) investigated suspected breaches of competition law in respect of facilities at airports. The investigation was under Chapter I of CA98.	CMA	December 2017	November 2018	Infringement decision in relation to Chapter I
Airport operation services	The Civil Aviation Authority (CAA) investigated alleged price fixing and suspected abuse of a dominant position in relation to access to certain facilities at an airport under Chapter I and Chapter II of CA98	Civil Aviation Authority	March 2015	January 2017	Infringement decision in relation to Chapter I Chapter II closed on grounds of administrative priority

Communications

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Freelance and employed labour in the production, creation and/or broadcasting of television content, excluding sport	The CMA is investigating suspected breaches of competition law in relation to the purchase of freelance services and the employment of staff supporting the production, creation and/or broadcasting of television content in the UK, excluding sport content.	CMA	October 2023	-	-
Purchase of freelance services in the production and broadcasting of sports content	The CMA is investigating suspected breaches of competition law in relation to the purchase of freelance services in the production and broadcasting of sports content in the UK.	CMA	July 2022	-	-
The provision of equipment and related services in the electronic communication sector	Ofcom investigated whether competitors in the provision of equipment and related services in the electronic communications sector in the UK infringed competition law through the potential sharing of commercially sensitive information, including information on future pricing.	Ofcom	June 2019	December 2022	Infringement decision in relation to Chapter I CA98
Parcel delivery and pick-up services	Ofcom is investigating suspected agreements which establish minimum prices and impose online sales restrictions between providers of parcel delivery and pick-up services in the UK under Chapter I of CA98 and Article 101 TFEU	Ofcom	November 2019	January 2021	Closed on the grounds of administrative priority
Parcel delivery	Ofcom investigated suspected market sharing and/or customer allocation arrangements between operators in the business parcel delivery sector	Ofcom	August 2018	November 2019	Infringement decision in relation to Chapter I CA98 and Article 101 TFEU
FA Premier League TV rights - Virgin Media complaint	Ofcom investigated certain arrangements in relation to the sale of live TV rights to Premier League matches under Chapter I of CA98	Ofcom	November 2014	August 2016	Closed on the grounds of administrative priority
Royal Mail - TNT complaint	Ofcom investigated certain prices, terms and conditions offered by Royal Mail for access to certain letter delivery services under Chapter II of CA98	Ofcom	February 2014	August 2018	Infringement decision in relation to Chapter II CA98 and Article 102 TFEU
Wholesale supply of Sky Sports - BT complaint	Ofcom investigated the alleged abuse of a dominant position by British Sky Broadcasting regarding the wholesale supply of Sky Sports 1 and 2 under Chapter II of CA98	Ofcom	June 2013	February 2016	Closed on the grounds of administrative priority
BT superfast broadband  - Talk Talk complaint	Ofcom investigated an alleged margin squeeze in superfast broadband pricing by BT Group under Chapter II of CA98	Ofcom	May 2013	October 2014	No grounds for action

Energy

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Investigation into a suspected abuse of a dominant position	An investigation under Chapter II of the Competition Act 1998 into a suspected abuse of a dominant position	Ofgem	March 2024	N/A	N/A
Supply of electric vehicle charge points on or near motorways	The CMA investigated suspected breaches of competition law in respect of the supply of electric vehicle chargepoints on or near motorways	CMA	July 2021	March 2022	Commitments accepted
Wholesale trading activities	Ofgem investigated whether there had been an infringement of Chapter II of the Competition Act 1998	Ofgem	December 2018	June 2019	Commitments accepted
Services in the energy industry	Ofgem investigated whether PayPoint plc has infringed the requirements of Chapter II of the Competition Act 1998 and/or Article 102 Treaty on the Functioning of the European Union by abusing a dominant position in the market for the provision of over-the-counter top-up services to prepayment energy customers.	Ofgem	August 2017	August 2021	Commitments accepted
The supply of gas and electricity to domestic customers in Great Britain	Ofgem investigated whether there had been an infringement of Chapter I of the Competition Act 1998 in relation to the supply of gas and electricity to domestic customers in Great Britain.	Ofgem	September 2016	May 2019	Infringement decision in relation to Chapter I CA98
Commission rates	Ofgem investigated whether two or more parties had shared information on the commission rates charged to energy suppliers	Ofgem	January 2015	March 2016	Closed, open letter issued
Energy price comparison websites	Ofgem investigated 2 or more companies providing a supporting service for the energy industry under Chapter I of CA98. (This case was transferred to the CMA in June 2016.)	CMA	October 2015	October 2016	Closed on administrative priority grounds
Energy connections – SSE	Ofgem investigated whether SSE abused a dominant position and put its competitors at a disadvantage in the electricity connections market, under Chapter II of CA98	Ofgem	December 2014	November 2016	Commitments accepted

Financial services

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
	The FCA is investigating suspected anti-competitive conduct under Chapter II of the Competition Act 1998	FCA	June 2023			z
	The FCA is investigating suspected anti-competitive conduct under Chapter I of the Competition Act 1998	FCA	May 2023
	The Financial Conduct Authority (FCA) is investigating suspected anti-competitive conduct under Chapter II of the Competition Act 1998	FCA	November 2022
Money transfer services	The FCA investigated an anti-competitive agreement and/or concerted practice concerning the supply of money transfer services in Glasgow	FCA	September 2020	November 2023	Infringement decision in relation to Chapter I CA98
Financial services sector	CMA is investigating suspected anti-competitive arrangements in the financial services sector which may infringe the Chapter I prohibition of the Competition Act 1998	CMA	November 2018	-	-
-	The FCA investigated suspected anti-competitive arrangements under Chapter I of the Competition Act 1998	FCA	August 2022	March 2022	Administrative priority
-	The FCA investigated suspected anti-competitive arrangements under Chapter I of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union	FCA	March 2019	December 2020	Administrative priority
Aviation Insurance	The FCA investigated the exchange of competitively sensitive information amongst aviation insurance brokers	FCA	April 2017	October 2017	The investigation was closed as the European Commission took the matter over.
Asset Management	The FCA investigated anti-competitive agreements and concerted practices concerning the sharing of information in the asset management sector	FCA	June 2016	February 2019	Infringement decision in relation to Chapter I CA98 and Article 101 TFEU

Rail

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Railway Assessment Centre Forum (RACF)	The Office of Rail and Road (ORR) investigated the provision of certain training services in the passenger rail transport sector	ORR	March 2021	4 April 2022	Commitments
Rail freight	The Office of Rail and Road investigated the prices, terms and conditions in certain agreements in the carriage of freight by rail sector under Chapter II of CA98	ORR	November 2013	December 2015	Commitments accepted

Water

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Thames Water	Ofwat investigated allegations of an abuse of a dominant position by Thames Water Utilities under Chapter II CA98 Thames Water Utilities under Chapter II CA98	Ofwat	June 2019	March 2022	Commitments
Bristol Water	Ofwat investigated pricing and terms by Bristol Water in relation to self-lay connection providers under Chapter II of CA98	Ofwat	March 2013	March 2015	Commitments
Anglian Water (Fairfields)	Ofwat investigated whether Anglian Water’s pricing conduct at the ‘Fairfield’ development in Milton Keynes caused margin squeeze under Chapter II of CA98	Ofwat	December 2011	December 2015	No grounds for action decision

Payment services

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Anticompetitive conduct in the pre-paid card services sector	The Payment Systems Regulator (PSR) investigated anticompetitive conduct in the prepaid cards market, finding 5 parties had infringed the Chapter I prohibition	PSR	2017/2018	18 January 2022	Infringement of Chapter I prohibition

Digital markets

Case name	Summary	Allocated to	Opened date	Closed date	Outcome
Google: Distribution of Apps	The CMA is investigating Google’s conduct in relation to Google’s distribution of apps on Android devices in the UK.	CMA	June 2022	-	-
Amazon Marketplace	The CMA has accepted commitments offered by Amazon that address the CMA’s competition concerns in relation to how Amazon uses third-party seller data, how Amazon selects which product offer is placed within the ‘Buy Box’ and the negotiation of delivery rates for Prime orders.	CMA	July 2022	November 2023	Acceptance of commitments
Advertising technology intermediation services	The CMA is investigating whether Google might have abused a dominant position through its conduct in ad tech. In March 2023, this investigation was combined with the CMA’s separate investigation into whether Google has abused a dominant position through its conduct in relation to header bidding services.	CMA	May 2022	-	-
Header bidding services market	The CMA investigated whether Google and Meta entered into an anti-competitive agreement, and whether Google might have abused a dominant position through its conduct in relation to header bidding services.	CMA	March 2022	March 2023	The CMA decided on administrative priorities grounds to close its investigation under Chapter I of the Competition Act 1998. As a result, the CMA is no longer investigating Meta in this case. The CMA is continuing to investigate whether Google has abused a dominant position through its conduct in relation to header bidding services under Chapter II of the Competition Act 1998. That investigation includes whether Google has abused a dominant position through its agreement with Meta. The CMA combined the remaining part of this investigation concerning whether Google’s conduct in relation to header bidding services was an abuse of a dominant position with its investigation into Google’s conduct in adtech.
Apple AppStore	The CMA is investigating Apple’s conduct in relation to the distribution of apps on iOS and iPadOS devices in the UK, in particular, the terms and conditions governing app developers’ access to Apple’s App Store.	CMA	March 2021	-	-
Investigation into Meta’s collection and use of advertising and single sign-on data	The CMA has accepted commitments that address the CMA’s competition concerns regarding Meta’s use of data obtained through digital display advertising.	CMA	June 2021	November 2023	Acceptance of commitments