Draft guidance on the functions of the CMA after the end of the Transition Period

We are inviting views on the content of the Draft Guidance on the Functions of the CMA after the end of the Transition Period, and in particular on whether it provides sufficient information and clarity.

The Draft Guidance explains the legal changes expected to result from 11:00pm on 31 December 2020, when the Transition Period ends, in relation to:

• merger cases under the Enterprise Act 2002 (EA02)
• ‘antitrust’ cases, including cartels, under the Competition Act 1998 (CA98) – i.e. relating to the competition law prohibitions on anti-competitive agreements and on abuse of a dominant position
• enforcement of consumer protection legislation, in particular under Part 8 of the EA02
• cases over which the European Commission has ‘continued competence’ under the terms of the Withdrawal Agreement

The CMA will publish a final version of the updated Draft Guidance, having considered the comments received.