Competition regime: draft secondary legislation – part 2

The Enterprise and Regulatory Reform Act 2013 (ERRA13) will create a single Competition and Markets Authority (CMA) to succeed the Office of Fair Trading and the Competition Commission, and give it strengthened powers to promote competition and therefore growth.

We are now consulting on a second set of draft secondary legislation which clarifies how the competition regime will work in future. This follows a consultation on the ministerial statement of strategic priorities for the new CMA and the first set of draft secondary legislation: Competition regime: CMA priorities and draft secondary legislation, which ran from 15 July 2013 to 6 September 2013.

This consultation seeks views on the draft text of the following key pieces of secondary legislation:

• the manner in which relevant information about arrangements is to be published for the purposes of taking a person outside the criminal cartel offence
• coordination of concurrent Competition Act powers between the new CMA and sector regulators
• Competition Appeal Tribunal (CAT) rules on obtaining a warrant to enter premises

This document forms the second of 2 sets of consultations on draft statutory instruments. It runs in parallel with a consultation on some of the new CMA’s guidance, which explains the reforms to the legal framework and how the CMA will use its powers in practice. You may find it useful to consider both consultations together: Competition and Markets Authority guidance: part 2