Guidance

Market studies and investigations - guidance on the CMA’s approach: CMA3

Explains the changes introduced by the Enterprise and Regulatory Reform Act 2013 to the conduct of market studies and market investigations by the CMA under the Enterprise Act 2002, as amended.

• From: Competition and Markets Authority
• Published: 10 January 2014
• Last updated: 5 July 2017 — See all updates

Documents

Market studies and market investigations: Supplemental guidance on the CMA’s approach

Ref: CMA3

PDF, 831 KB, 57 pages

Details

This guidance is aimed at businesses and their advisers on the changes to the markets regime introduced by the Enterprise and Regulatory Reform Act 2013 (ERRA13).

It outlines:

• the legal framework including the roles of the CMA, the Secretary of State, and sectoral regulators
• ERRA13 provisions on governance and decision-making
• important procedural aspects of market studies and market investigations

This guidance includes the changes made in:

• September 2015 regarding the duration of remedies
• July 2017 regarding the CMA’s market investigation procedures

The fines that could be imposed on summary conviction for certain criminal offences referred to in this document were, at that time, subject to specific caps of £5,000 or above. With effect from 12 March 2015, these caps have been removed and those specific offences are now punishable by a fine of any amount. For more information see the Ministry of Justice news story.

Published 10 January 2014
Last updated 5 July 2017 + show all updates

1. 5 July 2017

   Guidance updated following consultation on the CMA’s approach to market investigations.

2. 23 September 2015

   Guidance updated.

3. 10 January 2014

   First published.