OFT Consultation On Competition Act 1998 Procedures

The OFT has published a consultation on proposed changes to its competition investigation procedures and on the revision of its Competition Act 1998 (the CA 1998) procedural guidance to reflect such proposals. The proposed procedural changes aim to:

• increase the efficiency, speed, public accountability and robustness of CA 1998 investigations and decision-making processes whilst maintaining the rights of defence; and
• enhance engagement with the parties to the investigation.

The published consultation proposes a new system of decision-making. This aims to separate the decision makers from the case investigation team. This involves:

• the establishment of a Decisions Committee, which would consult on all CA 1998 cases following the statement of objections. The Decisions Committee would be appointed by the OFT Board of Directors and its members would include OFT senior staff, including the Chief Executive, executive members of the OFT Board, the