INTERNATIONAL: UNITED-KINGDOM – COMPETITION POLICY – REFORM

UK: The effects of institutional change on UK remedies practice

The formation of the Competition and Markets Authority (CMA) in April 2014, combined with the statutory changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), have provided an opportunity to improve the treatment of remedies in the UK competition regime. This article describes the potential opportunities and the practical impact on remedies that these changes have made, before going on to highlight some of the key areas of resulting improvement. In doing so, it demonstrates the changes that have been made to start delivering these benefits, before concluding with some brief observations of scope for future developments.

I. Introduction 1. The formation of the Competition and Markets Authority (CMA) in April 2014 provided an opportunity to improve the operation of the UK competition regime, and capitalise on the creation of a single competition and consumer agency. A strong remedies process is essential to the overall efficacy of any competition regime as this is how competition authorities’ decisions are put into practice. In this article, we examine the opportunities presented by the creation of the CMA regarding the design, implementation and monitoring of market and merger remedies, and provide some practical examples of where changes are already taking effect. II. Overview of UK competition regime 2. Following successive reforms [1], the UK’s competition regime is now broadly similar to that of

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Authors

  • British Competition Authority - CMA (London)
  • British Competition Authority - CMA (London)

Quotation

Adam Land, David Hansen, UK: The effects of institutional change on UK remedies practice, May 2016, Concurrences Review N° 2-2016, Art. N° 78527, www.concurrences.com

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