Revised CA98 procedures guidance

We are inviting views on some revisions to the current Guidance on the CMA’s investigation procedures in Competition Act 1998 cases. These changes of incremental nature and will help the CMA to progress and conclude CA98 investigations as quickly as possible, in light of experience gained and developments occurred since the current guidance was published.

The main proposals relate to:

• increased transparency at case opening
• clarification of the basis on which the CMA may seek to expedite its access to file procedure
• sending the Draft Penalty Statement with the Statement of Objections
• clarification of the process relating to cross disclosure of parties’ representations on a Statement of Objections
• clarification of the process relating to disclosure of directors’ representations on a Statement of Objections
• clarification of the CMA’s settlement practices
• clarification of the scope of the Procedural Officer’s role

The guidance does not propose to make any changes to other parts of the current guidance, other than:

• minor editorial amendments;
• a small addition to note that compulsory interviews may take place remotely;
• removal of references to the Solicitors Regulation Authority’s Guidance on Employer’s Solicitors Attending Health and Safety Executive Interviews with Employees;
• a clarification of the CMA’s practice in granting extensions for the submission of written representations;
• a statement of the CMA’s expectations regarding the attendees of oral hearings;
• a clarification of the CMA’s practice in pursuing a competition disqualification order or undertaking against the directors of a business that is under investigation for a breach of competition law, including where it is a settling business; and
• removal of references to EU law in light of EU Exit