Competition and Markets Authority

Competition and Markets Authority

Authority overview
Formed	1 October 2013
Type	Non-ministerial government department
Jurisdiction	United Kingdom
Headquarters	Victoria House, 37 Southampton Row, London, WC1B 4AD
Authority executives	Lord Currie, Chairman Andrea Coscelli, Acting Chief Executive
Parent department	Department for Business, Innovation and Skills
Website	www.gov.uk/cma

The Competition and Markets Authority (CMA) is a non-ministerial government department in the United Kingdom, responsible for strengthening business competition and preventing and reducing anti-competitive activities. The CMA launched in shadow form on October 1, 2013 and began operating fully on April 1, 2014, when it assumed many of the functions of the previously existing Competition Commission and Office of Fair Trading, which were abolished.

Formation

On March 15, 2012, the UK Government's Department for Business, Innovation and Skills (BIS) announced proposals for strengthening competition in the UK by merging the Office of Fair Trading and the Competition Commission to create a new single Competition and Markets Authority (CMA).^[1] The formation of the CMA was enacted in Part 3 of the Enterprise and Regulatory Reform Act 2013,^[2] which received royal assent on April 25, 2013.

In July 2012, Lord Currie was appointed Chairman designate of the CMA and in January 2013 Alex Chisholm was appointed Chief Executive designate.^[3] The term 'designate' was dropped when the CMA was launched on October 1, 2013.

On July 15, 2013, BIS announced the first stage of an open public consultation period and published a summary, setting out the background to the consultation and inviting views on the draft guidance for the CMA.^[4] The first stage of the consultation ended on September 6, 2013. On September 17, BIS announced the second stage of the consultation, which closed on November 7, 2013.^[5]

During 2013 and 2014, the CMA announced several waves of appointments at director level, reporting to members of the senior executive team:^[6]

On March 28, 2014, the CMA published the Rules of Procedure for CMA merger, market and special reference groups^[7] following a consultation which ran from February 21 to March 18.

Responsibilities

In situations where competition could be unfair or consumer choice may be affected, the CMA is responsible for:^[8]

• investigating mergers
• conducting market studies
• investigating possible breaches of prohibitions against anti-competitive agreements under the Competition Act 1998
• bringing criminal proceedings against individuals who commit cartels offences
• enforcing consumer protection legislation, particularly the Unfair Terms in Consumer Contract Directive and Regulations
• encouraging regulators to use their competition powers
• considering regulatory references and appeals

CMA Board and Senior Executive team

• Lord Currie, Chair^[9]
• Andrea Coscelli, Acting Chief Executive
• Dr Michael Grenfell, Executive Director, Enforcement^[10]
• Rachel Merelie, Executive Director, Markets and Mergers^[11]
• Erik Wilson, Executive Director, Corporate Services^[12]
• Annetje Ottow, Non-Executive Director^[13]
• William Kovacic, Non-Executive Director^[14]
• Philip Lowe, Non-Executive Director^[15]
• Alan Giles, Non-Executive Director^[16]
• Roger Witcomb, Non-Executive Director, Panel Chair^[17]
• Jill May, Non-Executive Director, Panel Member^[18]
• Dr. Mike Walker, Chief Economic Adviser
• Sarah Cardell, General Counsel

Controversy

The UK Competition Commission ruled several times against MyFerryLink, so it could no longer operate from Dover despite the French competition authority authorizing cross-channel activity.^[19] The French government blamed the decision to ban one out of three ferry operators on fair-trade concerns.^[20] The appeals court overturned these rulings^[21] because MyFerryLink was not a merger of the bankrupt SeaFrance and Eurotunnel.^[22] MyFerryLink called attention to a potential conflict of interest, pointing out that the former accountant of DFDS (the competitor and plaintiff) was now a member of the UK Competition Commission.^[23] Following these delays, Eurotunnel (owner of the boats rented to MyFerryLink) sold two new boats to the DFDS competitor.^[24] Because of this the port of Calais was blocked by workers, boats were occupied and the Channel Tunnel attacked, resulting in cross-channel disruption and traffic jams in the UK and France.^[25]

See also

• English contract law
• EU competition law

Notes

1. "Strengthening competition and creating a single competition and markets authority (CMA)". Department for Business Innovation & Skills. 15 March 2012. Retrieved 1 April 2013.
2. "Enterprise and Regulatory Reform Act 2013, Part 3". The National Archives. 25 April 2013. Retrieved 26 March 2014.
3. "Competition and Markets Authority". Ministerial statement by Vince Cable. Hansard. 8 January 2013. Retrieved 1 April 2013.
4. "Competition and Markets Authority - Open consultation guidance". Department for Business, Innovation & Skills. 15 July 2013. Retrieved 2 August 2013.
5. "Competition and Markets Authority guidance, Part 2". Department for Business Innovation and Skills, UK Government. 17 September 2013. Retrieved 17 September 2013.
6. Appointments at Diirector level:
   seven: "CMA announces further appointments". Competition and Markets Authority, UK Government. 6 November 2013. Retrieved 8 November 2013.
   eighteen "Second wave of appointments". Competition and Markets Authority, UK Government. 14 November 2013. Retrieved 24 December 2013.
   eighteen "Third wave of appointments". Competition and Markets Authority, UK Government. 13 December 2013. Retrieved 24 December 2013.
   eleven "Further wave of appointments". Competition and Markets Authority, UK Government. 24 January 2014. Retrieved 10 February 2014.
7. "Rules of Procedure for Merger, Market and Special Reference Groups" (PDF). CMA. 28 March 2014. Retrieved 31 March 2014.
8. "CMA Responsibilities". UK Government. Retrieved 17 March 2014.
9. "David Currie – biography and role". UK Government. Retrieved 20 October 2013.
10. "CMA appoints new Executive Director". UK Government. Retrieved 4 July 2015.
11. "Dr. Andrea Coscelli – biography and role". UK Government. Retrieved 20 October 2013.
12. "Erik Wilson – biography and role". UK Government. Retrieved 20 October 2013.
13. "Annetje Ottow – biography". UK Government. Retrieved 20 October 2013.
14. "William Kovacic – biography". UK Government. Retrieved 20 October 2013.
15. "Philip Lowe - biography". UK Government. Retrieved 20 October 2013.
16. "Alan Giles – biography". UK Government. Retrieved 20 October 2013.
17. "Roger Witcomb – biography and role". UK Government.
18. "Jill May – biography and role". UK Government. Retrieved 20 October 2013.
19. L'autorité de la concurrence autorise Eurotunnel à racheter la flotte de Sea France
20. French Ministry of Transport blame CMA decision
21. Travel Weekly 26 May 2015 Appeal bid against My Ferry Link
22. Judge decision in Scop SeaFrance against CMA
23. Le Figaro 28/06/2014 MyFerryLink interdit de séjour en Angleterre
24. MyFerryLink : Eurotunnel cède deux bateaux au Danois DFDS
25. Calais strike disrupts cross-Channel travel for third day

External links

• Official website
• "Enterprise and Regulatory Reform Act 2013". UK Government.
• "CMA structure" (PDF). UK Government.
• "CMA cases". UK Government.