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2 The Creation of the Competition and Markets Authority

Lesley Farrell

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Private actions — National Courts — National courts — National Competition Authorities (NCAs) — United Kingdom

This chapter examines the creation of the Competition and Markets Authority (CMA). Section A discusses the rationale for the merger between the Office of Fair Trading (OFT) and the Competition Commission (CC). Section B goes on to discuss the structure and governance of the CMA. Section C provides commentary on the key concerns in relation to the creation of the CMA; in particular, it considers possible efficiencies of the new structure and the risk of confirmation bias. The chapter concludes that there is a possible tension within the CMA structure between the interest in maintaining efficiency and the interest in maintaining the high reputation of the UK competition authorities. The chapter also suggests that the CMA will have a greater influence internationally and domestically as a result of the structural changes.

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