Sunset clauses in market investigation remedies: updated guidance
A consultation on proposed changes to the CMA's market investigations guidelines, in relation to the use of ‘sunset clauses’ in remedies.
The Competition and Markets Authority (CMA) consulted on updating the guidance on the use of sunset clauses and the duration of remedies issued in its Market investigations guidelines (CC3).
A sunset clause specifies a date or an event beyond which a measure taken to remedy a market will no longer apply.
The guidelines are being updated to set out changes to the CMA’s approach both to sunset clauses and to reviewing the continuing appropriateness of remedies in market investigations.
Once proposed amendments have been finalised following consultation, the Market studies and market investigations supplemental guidance (CMA3) will be updated to reflect the changes.