Guidance

CMA’s approach to short-form opinions: CMA27

Approach and process being trialled by the CMA to provide short-form opinions on the application of competition law.

• From: Competition and Markets Authority
• Published: 4 April 2014

This publication was withdrawn on 15 June 2021

From 15 June 2021, the CMA has withdrawn CMA27 Guidance on the CMA’s Approach to Short-form Opinions. It has also discontinued the Short-form Opinion (SfO) trial. The CMA will no longer provide SfOs.

During the operation of the SfO trial, the CMA did not receive any applications which met the criteria set out in CMA27. Furthermore, the CMA considers that its resources should instead be dedicated to the CMA’s post-EU Exit and post-pandemic priorities.

This does not mean however that the CMA will not consider giving, through opinions or other means, its non-binding views on the application of competition law to novel questions.

Documents

CMA's approach to short-form opinions

Ref: CMA27

PDF, 495 KB, 16 pages

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Details

The short-form opinion (SfO) process provides guidance, within a prompt timetable, to businesses and their advisers. SfO requests must relate to the application of competition law to prospective agreements between competitors. These agreements must raise novel or unresolved questions, the clarification of which would benefit a wider audience.

This document outlines:

• the purpose of SfOs
• when a SfO might be available
• the process for requesting and providing a SfO

The process is currently being trialled by the CMA and is only available for a limited number of cases per year.

Published 4 April 2014