Guidance

The CMA’s investigation procedures in Competition Act 1998 cases: CMA8

Guidance for businesses and their advisers detailing the approach and procedures used by the CMA in the exercise of its investigation and enforcement powers under the Competition Act 1998.

• From: Competition and Markets Authority
• Published: 4 November 2020
• Last updated: 10 December 2021 — See all updates

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Guidance on the CMA's investigation procedures in Competition Act 1998 cases: CMA8

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31 January 2022: On 31 January 2022 the CMA removed Chapter 16, which dealt with the application and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union. In view of the UK’s exit from the European Union, this chapter was no longer relevant to the CMA’s casework. For discussion of the implications of EU Exit on CA98 cases, please the CMA’s Guidance on the functions of the CMA under the Withdrawal Agreement.

10 December 2021: The CMA made changes to Chapters 14 and 15 setting out that the CMA will only agree to settlement if the party agrees that it will not subsequently appeal against the CA98 decision, including any financial penalty imposed. The purpose of these changes was to increase the prospects of any settlement yielding procedural efficiencies and resource savings (which is the principal benefit of settlement), by ensuring finality of the settlement process.

19 March 2020: As stated in the CMA COVID-19 update, in view of Government advice regarding the COVID-19 pandemic, all oral hearings before the CMA in Competition Act 1998 cases will be conducted remotely, until further notice.

This guidance is aimed at businesses, legal communities and other interested parties. It sets out the CMA’s procedures and explains the way in which the CMA conducts investigations into suspected competition law infringements.

Information on how the CMA handles information and complaints about businesses is also available.

This guidance includes changes made to the previous versions of this guidance following a consultation process in August to September 2020.

Published 4 November 2020
Last updated 10 December 2021 + show all updates

1. 10 December 2021

   Updated version of CMA8 published following consultation.

2. 4 November 2020

   Updated version of CMA8 published following consultation.

3. 4 November 2020

   First published.