Insights Ofcom publishes statement summarising updates and revisions to its Enforcement Guidelines

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The Guidelines explain the procedures Ofcom will follow when conducting most types of regulatory enforcement action relating to telecoms and postal services, consumer protection legislation, competition law, and certain competition-related conditions in broadcast licences.

The confirmed changes in Ofcom’s approach to enforcement include:

  • updated guidelines to cover a number of new enforcement powers Ofcom has taken on since 2012;
  • clearer guidance on how Ofcom expects decisions will be taken on the progress and outcome of investigations;
  • clarification on how Ofcom expects to publicise cases; and
  • guidance on a new procedure for the settlement of regulatory investigations.

Ofcom has also published the following documents, setting out its new procedures in detail:

  • Enforcement Guidelines for regulatory and consumer protection investigations;
  • Enforcement Guidelines for Competition Act investigations;
  • Procedures for investigating breaches of competition-related conditions in Broadcasting Act licences; and
  • Advice for complainants and whistleblowers.

Ofcom has also published its new Procedures for enforcement of BBC competition requirements, with an accompanying statement. To access all relevant documents, click here.

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