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3 The Administrative Enforcement Regime

Christopher Brown, James Robinson, Julia Woodward-Carlton

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

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

This chapter analyses the important structural and procedural reforms to the administrative regime for the enforcement of competition law made by the Enterprise and Regulatory Reform Act 2013 (ERRA). It discusses the principal areas of criticism of the status quo ante before describing the changes that have been made, considering first the institutional reforms and then the amendments to the CMA’s investigatory and enforcement powers. It also sets out the changes made to the enforcement process and the CMA’s guidance on fines, leniency, and settlement; and considers the challenges that arise where the CMA conducts parallel civil and criminal investigations. The chapter analyses the likely impact of the reforms and the areas of potential controversy.

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