CMA consults on revised procedures for Competition Act settlements

 

CMA consults on revised procedures for Competition Act settlements

The Competition and Markets Authority (CMA) is consulting on its guidance on settlement procedures in Competition Act 1998 (CA98) cases.

At present, if a settling business appeals against the settlement decision, it will lose the benefit of the settlement discount.  The CMA proposes to replace this with a statement that the settling party will not challenge or appeal against the infringement decision to the Competition Appeal Tribunal.

The proposed revisions follow Roland (U.K.) Limited's unsuccessful appeal against the fine imposed by the CMA, as part of a settlement agreement, on Roland for resale price maintenance in breach of Article 101 TFEU and Chapter I of CA98.

The CMA believes that the proposed changes will help bring finality to the settlement process.  Similar requirements are imposed in some settlements of sector regulatory enforcement cases by the UK sector regulators including the Financial Conduct Authority.  However, concerns have been raised from the perspective of the right to a fair trial under Article 6 ECHR.

The CMA invites comments by 5pm on 28 September 2021.

https://www.gov.uk/government/consultations/consultation-on-draft-ca98-procedures-guidance