Reforming a World Class Competition Regime: The Government’s Proposal for the Creation of a Single Competition and Markets Authority

Abstract

This article outlines the principal reform proposals set out in the UK Government's Consultation Document, ‘A Competition Regime for Growth: A Consultation on Options for Reform.’ Given the huge breadth of the proposals, however, it does not discuss each proposal in detail but focuses on the core proposal to create a new Competition and Markets Authority and a new procedural framework for decision-taking in each of the antitrust, markets and merger regimes.

The Government has raised the issue of reform of the UK institutional architecture for
competition law enforcement at a time when concern about the due process and
fairness within the EU system is escalating. A key issue considered therefore is how the Government proposes to achieve faster and more frequent decision-taking, whilst at the same time ensuring accountability, predictability, due process and that the system is compliant with the requirements of the Human Rights Act 1998 and the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). The current UK systems provides
checks and balances over and above those available at the EU level and the
understandable desire for faster and more efficient decision-making structures should
not be elevated to the extent that they water down the essential protections now
provided. Designing a new system provides an opportunity to showcase best practice
and to provide for decision-making structures that permit robust and thorough
decision-making while respecting fundamental due process rights.