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ARTICLE · 16 OCTOBER 2013

UK Authorities Set To Exercise New Powers To Compel Witnesses

Reed Smith (Worldwide)
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The UK’s new competition body, the Competition and Markets Authority (CMA), was officially launched on 1 October 2013. It will acquire most of its substantive powers in April 2014, when it will officially replace the Office of Fair Trading and the Competition Commission.

United KingdomAntitrust/Competition Law
Edward Miller
Edward Miller
Angela Gregson
Angela Gregson
Marjorie C. Holmes
Marjorie C. Holmes
Richard Webb
Richard Webb
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The UK's new competition body, the Competition and Markets Authority (CMA), was officially launched on 1 October 2013. It will acquire most of its substantive powers in April 2014, when it will officially replace the Office of Fair Trading and the Competition Commission.

The launch was preceded by the publication of Draft Guidance1 on the authority's new powers under the Enterprise and Regulatory Reform Act 2013 (the "2013 Act"), such as its powers to investigate potentially anti-competitive behaviour. Of particular concern is the CMA's new power to interview individuals.

How does the CMA's new power work?

This new power raises a number of concerns:

  • Individuals need not be employees or directors of the business concerned – they might, for example, be former employees.

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