Competition law

The Competition Law Sub-Committee (Committee) welcomes the opportunity to
consider and provide comments on the Strategic Steer to the Competition and
Markets Authority (CMA) Consultation (Steer) that has recently been opened by
the UK Government.

• Find out more about the consultation
• Read our response

The Competition and Markets Authority consulted on an updated version of administrative penalties: statement of policy on the CMA’s approach (the draft CMA4).

The consultation document sets out the CMA's powers to impose penalties for breaches of requirements imposed in investigations under various CMA functions as well as for breaches of remedies imposed in respect of the CMA’s competition, markets and mergers cases.

• Find out more about the consultation
• Read our response

The Competition and Markets Authority launched a consultation in May 2024. This consultation sought the views of interested parties on two pieces of draft guidance on the CMA’s functions under the Digital Markets Competition Regime established by Part 1 of the Digital Markets, Competition and Consumers Act 2024 (the ‘Act’). These guidance documents are:

• Digital markets competition regime guidance; and
• Guidance on the merger reporting requirement for firms with strategic market status (SMS).
  
  
• Find out more about the consultation
• Read our response

The Competition and Markets Authority consulted on an updated version of transparency and disclosure: statement of the CMA’s policy and approach (the draft CMA6). This includes the CMA’s new overseas investigative assistance guidance.

The consultation document set out the CMA’s approach to transparency and information disclosure across its tools. It is an updated version of the existing CMA6 that reflects developments in CMA practice, as well as legislative developments since 2014, in particular the Digital Markets, Competition and Consumers (DMCC) Act 2024.

• Find out more about the consultation and read the consultation document
• Read our response

The Call for Evidence sought views how UK payment regulation should evolve to meet the government's aims.

• Find out more on the HM Treasury website
• Read our response

The CMA consulted on draft guidance (Draft Guidance) on the application of the Chapter I prohibition in the Competition Act 1998 to horizontal agreements. 

• Find out more on the CMA website
• Read our response

The Discussion Paper sought views on the challenges associated with the use and regulation of AI.

• Find out more on the Bank of England website
• Read our response

This sought views to inform the government's thinking on whether the scope of the listed events regime should contain digital rights.

• Find out more on the DCMS website
• Read our response

The CMA is consulting on its proposed recommendation that the Secretary of State replaces the two retained HBERs when they expire on 31 December 2022 with two UK Horizontal Agreements Block Exemption Orders. The consultation ran from
midday on 8 April 2022 to 5pm on 6 May 2022

• Find out more about the consultation on the UK Government website
  
• Read the Law Society of Scotland response

Following the end of the transition period on 31 December 2020, the UK has the freedom to design a new domestic subsidy control regime that reflects our strategic interests and particular national circumstances.

• Read the consultation on the UK Parliamentary website. 
• Read our response.

The proposals in this Green Paper are intended to shape the future of public procurement in this country for many years to come.

The government’s goal is to speed up and simplify our procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery.

• Read the consultation on the UK Parliament website.
• Read our response. 

The UK Government has issued a consultation on Updates to the CMA’s mergers procedural guidelines (CMA2 and CMA56)

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (December 2020)

The Competition and Markets Authority (CMA) has issued a consultation on its draft Guidance on the functions of the CMA after the end of the Transition Period

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (October 2020)

The Scottish Parliament's Rural Economy and Connectivity Committee has held an inquiry into construction and procurement of ferry vessels in Scotland.

•  Read about the inquiry here
• See the Law Society's response to the call for evidence

The Competition and Markets Authority has issued a consultation on interim measures in merger investigations.

•  View the consultation on the GOV.UK website
• The Law Society of Scotland's response (May 2019)

The Competition and Markets Authority has issued a consultation on draft procedural guidance on state aid notifications and reporting.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (March 2019)

The Competition and Markets Authority (CMA) has issued a consultation on its draft annual plan for 2019 to 2020.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (January 2019)

The Digital Competition Expert Panel has issued a consultation on the state of competition in the digital economy, considering what the opportunities and challenges are for policy, both in the UK and internationally.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (December 2018)

The Body of European Regulators for Electronic Communications has issued a consultation with the aim of getting insights from all types of actors (consumers, companies in the telecommunications sector, digital companies, other companies, institutions) on issues to be taken into account by NRAs in the context of the data economy.

• View the consultation on the BEREC website
• The Law Society of Scotland's response (November 2018)

The UK Government has issued a consultation on proposed reforms to government's powers for scrutinising investment for the purposes of protecting national security.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (October 2018)

The Competition and Markets Authority (CMA) has issued a consultation on revised guidance on competition disqualification orders.

• View the consultation on the CMA website
• The Law Society of Scotland's response (September 2018)

The Competition and Markets Authority (CMA) has issued a consultation on proposed revisions to its published guidance on procedures for running Competition Act 1998 (CA98) cases.

• View the consultation the GOV.UK website
• The Law Society of Scotland's response (August 2018)

The Competition and Markets Authority (CMA) has issued a consultation on new draft guidance on the exceptions to the duty to refer mergers for in-depth Phase 2 investigations.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (July 2018)

The Competition and Markets Authority (CMA) has issued a consultation on new draft guidance on interim measures in merger investigations.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (July 2018)

The Competition and Markets Authority has issued a consultation on draft guidance on requests for internal documents.

• View the consultation on the UK Government website
• The Law Society of Scotland's response (April 2018)

The Competition and Markets Authority has issued a consultation on draft guidance on the CMA’s approach to changes to the jurisdictional thresholds for UK merger control.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (April 2018)

The Competition and Markets Authority (CMA) has issued a consultation on its draft annual plan for 2018 to 19.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (January 2018)

The second part of the consultation seeks views about potential long-term reforms that government should take to its approach to ensuring that investments and takeovers cannot raise national security concerns.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (January 2018)

The Department for Business, Energy & Industrial Strategy is seeking views on how government can best ensure that investments and takeovers do not raise national security concerns.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (November 2017)

The Competition and Markets Authority (CMA) is consulting on proposed revisions to its published guidance on penalty setting in Competition Act 1998 (CA98) cases.

• View the consultation on the GOV.UK website
• The Law Society of Scotland's response (September 2017)

The House of Lords EU Committee and its six Sub-Committees are conducting a coordinated series of short inquiries looking at the key issues that will arise in the negotiations on Brexit.

• View the consultation on the UK Parliament website
• The Law Society of Scotland's response (September 2017)

Neil Bibby MSP has issued a consultation on the Proposed Tied Pubs (Code and Adjudicator) (Scotland) Bill to govern the relationship between tenants of tied pubs and their owners, and an Adjudicator to enforce the Code.

• View the consultation on the Scottish Parliament website
• The Law Society of Scotland's response (August 2017)