The Competition and Markets Authority (CMA) has published a number of documents aimed at providing yet more insight into how it conducts it work, including guidance on how it will operate under the new digital markets competition regime and how mergers are investigated. This follows a series of recent publications on which we have commented previously, including its Mergers Charter (discussed here) and guidance on Unfair Commercial Practices (discussed here).

The guidance on how mergers are investigated is intended to provide a helpful summary for those thinking of merging their business or are conscious of a merger that might affect their business. It covers everything from what counts as a merger, to the CMA’s role in merger control and how it decides to investigate a merger, to how the CMA’s investigations work.

As for the Digital Markets Competition Regime, guidance has also been published on how the CMA will deliver the ‘4Ps’ of pace, predictability, proportionality, and process. In addition to general commitments to work as expeditiously and transparently as possible, the CMA states that it intends to incorporate a new ‘roadmap’ into its SMS investigations, providing clarity on (a) those issues that the CMA is considering for early Conduct Requirements (CRs); (b) those issues that it is exploring for potential future interventions but which will require more time to assess; and (c) those issues it is not proposing to pursue further. On prioritisation, the CMA commits to use its ‘prioritisation principles’ to determine how it undertakes its work, prioritising “pro-growth and pro-investment interventions, focusing particularly on markets and harms that impact UK-based consumers and businesses, and those which support growth and international competitiveness in the industrial strategy’s eight key sectors”. Finally, on process, the CMA promises, among other things, to establish a “regular programme of engagement” with businesses.

The CMA’s priorities were also addressed in a recent speech from the Acting Executive Director of Consumer Protection at the CMA, Emma Cochrane, in which she discussed the new consumer enforcement regime. Two areas were identified as being key areas of focus for the next year: first, the CMA will continue its “extensive engagement with stakeholders across the business and advisory community as well as with consumer groups and other enforcers” in order to support compliance with the new regime. Second, it intends to focus on “the more serious cases of consumer harm” such as (a) aggressive sales practices that prey on consumers, and especially those in vulnerable positions; (b) where information has been provided to consumers that is objectively false; and (c) where contract terms are in place that are clearly imbalanced and unfair.