Are Commitments Gaining Favor In UK Cartel Cases?

This blog considers the Competition and Market Authority's (CMA) stated policy on the acceptance of commitments in Competition Act 1998 cases, how that policy has been applied in practice, and what recent developments may indicate for the future. In particular, we examine whether the CMA’s recent willingness to accept commitments may signal a broader openness to resolving cartel investigations in this way in the coming year.

Commitments in CMA Antitrust Investigations

During the course of a CMA antitrust investigation, a number of outcomes are possible. The CMA may close the investigation without further action, for example on grounds of administrative priority. It may issue a decision finding no grounds for action, such as where the evidence is insufficient to establish an infringement. Alternatively, where it considers that an infringement may have occurred, the CMA may issue a Statement of Objections (SO). Finally, the CMA may accept commitments relating to future conduct where