Dealing with dawn raids by the Competition and Markets Authority
Produced in partnership with Michael Potts of PCB Byrne and Sam Russell of PCB Byrne

The following Risk & Compliance practice note produced in partnership with Michael Potts of PCB Byrne and Sam Russell of PCB Byrne provides comprehensive and up to date legal information covering:

  • Dealing with dawn raids by the Competition and Markets Authority
  • Brexit
  • What is the CMA?
  • Main reasons for a CMA raid
  • Powers
  • Execution of a warrant
  • Without a warrant
  • With a warrant
  • Penalties
  • Further information

Dealing with dawn raids by the Competition and Markets Authority

Brexit

As of exit day (31 January 2020), the UK is no longer an EU Member State. It entered a transition period, from 31 January 2020 until 31 December 2020, during which it continued to be treated by the EU as a Member State for many purposes and had to adhere to its obligations under EU law. The Competition and Markets Authority (CMA) has issued guidance on how the UK’s exit from the EU affects its powers and processes for competition law enforcement and merger control enforcement during the transition period, towards the end of that period, and after it ends. As of 1 January 2021, the European Commission does not have the power to conduct dawn raids of UK companies, or make a request to the CMA to conduct searches, on their behalf.

What is the CMA?

From 1 April 2014, the CMA took over many of the functions of the Competition Commission and the Office of Fair Trading. The CMA investigates mergers and anti-competitive practices in markets and can enforce a range of consumer protection legislation. In particular, the CMA is responsible for:

  1. investigating mergers which could restrict competition

  2. conducting market studies and investigations in markets where there may be competition and consumer problems

  3. investigating where there may be breaches of UK prohibitions against anti-competitive agreements

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