Specialist competition law solicitors for anti-trust compliance, merger clearances, competition investigations and market abuse defence.
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Competition law ensures fair markets and prevents anti-competitive practices. CMA enforcement is increasing with significant penalties for cartels and abuse of dominance, making specialist competition law advice essential for businesses operating in competitive markets.
Competition Act 1998:
Enterprise Act 2002:
CMA Merger Thresholds:
Merger Assessment Process:
Hardcore Restrictions (Per Se Illegal):
Vertical Agreements Assessment:
Market Dominance Assessment:
Abusive Conduct Examples:
CMA Investigation Powers:
Financial Penalties:
Leniency Applications:
Settlement Procedures:
Follow-On Damages Claims:
Stand-Alone Claims:
Digital Markets:
Healthcare and Pharmaceuticals:
Financial Services:
Compliance System Elements:
Industry-Specific Training:
Compliance and Training:
Merger Control:
Investigation Defence:
Professional competition law advice is essential for navigating complex antitrust requirements while supporting competitive business strategies in dynamic markets.
This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.
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Find Your SolicitorCommon questions about competition law and how our solicitors can help
Competition law prevents anti-competitive practices that harm consumers and distort markets. The Competition Act 1998 prohibits anti-competitive agreements (like price-fixing) and abuse of market dominance. Enterprise Act 2002 covers merger control and market investigations. Violations can result in fines up to 10% of global turnover, director disqualification, and criminal prosecution for cartel offences. Competition law affects all businesses through pricing policies, supplier agreements, distribution arrangements, and competitor interactions.
CMA clearance is required if your merger meets jurisdictional thresholds: UK turnover exceeding £70 million or gaining 25% market share in any goods/services. The CMA can investigate anticipated mergers (before completion) or completed mergers (within 4 months). Even transactions below thresholds may be investigated if they raise competition concerns. Phase 1 review takes 40 working days, potentially followed by Phase 2 in-depth investigation taking 24 weeks. Professional advice is essential for complex transactions.
Hardcore anti-competitive practices include price-fixing, market sharing, output restrictions, bid rigging, and certain information exchanges between competitors. These are prohibited per se regardless of market effects. Other practices like exclusive dealing, resale price maintenance, and loyalty rebates are assessed based on market impact. Abuse of dominance includes predatory pricing, excessive pricing, refusal to supply, and bundling. Professional competition law advice helps ensure business practices comply with complex competition rules.
Contact a competition law solicitor immediately - CMA dawn raids require urgent professional assistance. Cooperate fully as obstruction is a criminal offence, but protect your legal rights. Investigators can search premises, seize documents, copy electronic data, and require explanations. Ensure someone senior is present, take detailed notes, preserve privilege, and avoid speculation or admissions. Professional representation during dawn raids significantly improves outcomes and protects your interests throughout the investigation.
Leniency offers immunity or penalty reductions for cartel participants who cooperate with CMA investigations. Type A immunity is available for first to report unknown cartels, Type B for first to provide compelling evidence of known cartels. Penalty reductions up to 50% are available for later cooperation. Leniency applications must be made carefully as they involve admitting wrongdoing. Professional advice is essential to assess eligibility, timing, and strategy for leniency applications.
Competition law penalties are severe with maximum fines of 10% of worldwide group turnover. Recent CMA fines range from £100,000 to £50 million for individual companies. Legal costs for defending investigations typically range from £250,000 to £2 million, with complex cases exceeding this. Additional costs include economic expert fees, reputation damage, follow-on civil claims, and management time. Director disqualification can prevent individuals from managing companies for 2-15 years.
Yes, effective competition compliance programs are essential for businesses operating in competitive markets. Programs should include written policies, risk assessments, staff training, monitoring procedures, and incident reporting systems. Focus on high-risk activities like competitor contacts, pricing decisions, distribution agreements, and trade association participation. Regular training for sales and commercial teams is crucial. Compliance programs can mitigate penalties if violations occur and demonstrate commitment to lawful competition.
Abuse of dominance occurs when companies with significant market power engage in conduct that harms competition. Market dominance typically requires 40-50%+ market share plus other factors like barriers to entry. Abusive conduct includes predatory pricing, excessive pricing, refusal to supply, exclusive dealing, bundling, and margin squeeze. Dominant companies have special responsibilities and must avoid conduct that could eliminate competitors or foreclose markets. Professional assessment of market position and business practices is essential for dominant companies.
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