The new UK competition regime Howard Cartlidge

Cookie Amnesty ends September/ October April 2014 May 2015 What’s on the horizon? 2016 Communications Green Paper? Draft Comms Bill ? Comms Act? Competition and Markets Authority ? New DP regime takes effect? 10 May 2012 Defamation Bill 26 May 2012 Leveson Report: Part 1 - Press Regulation Defamation Act? Political agreement on DPR?

A new competition authority Proposals in the Enterprise and Regulatory Reform Bill Merger of the Office of Fair Trading and Competition Commission in 2014 to form the “Competition and Markets Authority” No mandatory merger notifications or change in thresholds Implications for merger control and market investigations Implications for Competition Act investigations – OFT procedural proposals Sector regulators to retain competition powers – but CMA can take over cases

The CMA – faster, stronger, more efficient? Statutory deadlines to apply in merger cases – 40 working days for Phase I, 24 weeks (plus possible 8 week extension) for Phase II Undertakings to avoid Phase II or at end of Phase II – new process New merger fees – up to £160,000 Competition Act investigations – rejection of the “prosecutorial system” An “enhanced administrative model” – more checks and balances, but also a “performance framework” and possible statutory deadlines Increased investigation powers for the CMA

More criminal investigations? The “cartel offence” introduced in 2002 Why have there been so few prosecutions? The OFT’s diagnosis – impossible to prove “dishonesty” DBIS proposal – all agreements criminal unless made “openly” i.e. parties have published details of the agreement before it is implemented What does publication involve – the London Gazette?

More competition litigation? DBIS consultation on “private actions” published 24 April 2012 Enhanced role for Competition Appeal Tribunal “Fast-track” procedures for SMEs through a CAT “competition small claims court” – a judgment in 6 months and cap on costs awards of £25,000 Cartel damages claims – presumption of 20% price increase as a result of a cartel “Opt-out” collective actions can be brought on behalf of group of affected businesses Encouraging collective settlements by the CMA

The new UK competition regime For more information please contact: Howard Cartlidge +44 (0)