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Derecho de la competencia

Acuerdos anticompetitivos, abuso de posición dominante, fusiones y aplicación de CMA.

Commercial & Business

UK-wide

Introducción

El derecho de la competencia prohíbe las prácticas anticompetitivas y regula las fusiones para proteger a consumidores y mercados.

In Brief

The Competition Act 1998 prohibits two main categories of conduct: anti-competitive agreements between businesses (Chapter I — for example, price-fixing and market-sharing) and abuse of a dominant market position (Chapter II — for example, predatory pricing or refusal to supply). The CMA can impose fines of up to 10% of worldwide turnover, and individuals who participate in cartels can face criminal prosecution and up to five years in prison.

Principios fundamentales

Chapter I Prohibition — Agreements between undertakings that prevent, restrict, or distort competition are prohibited (Competition Act 1998, s.2). This covers price-fixing, market-sharing, bid-rigging, and output limitation.

Chapter II Prohibition — Conduct by an undertaking with a dominant market position that amounts to abuse is prohibited (Competition Act 1998, s.18). Examples include excessive pricing, predatory pricing, refusal to supply, and tying.

Merger Control — The CMA has jurisdiction to review mergers where the target has UK turnover of £70m+ or the merged entity supplies/acquires 25%+ of goods/services in the UK.

Cartel Offence — Under the Enterprise Act 2002, individuals who participate in cartel arrangements (price-fixing, market-sharing, bid-rigging) can face up to 5 years' imprisonment.

Exemptions — Agreements may be exempt if they improve production or distribution, benefit consumers, are indispensable, and do not eliminate competition (parallel to Article 101(3) TFEU).

Private Enforcement — Victims of anti-competitive conduct can claim damages through the Competition Appeal Tribunal (CAT) or the courts.

Digital Markets — The Digital Markets, Competition and Consumers Act 2024 gives the CMA new powers over firms with 'strategic market status' in digital activities.

Leyes clave

Competition Act 1998

1998

Ver →

Enterprise Act 2002

2002

Ver →

Casos principales

Argos Ltd v OFT

[2006] EWCA Civ 1318

Sainsbury's v Mastercard

[2020] UKSC 24

Escenarios comunes

Competitors agree to fix prices

Price-fixing is a hardcore restriction under Chapter I of the Competition Act 1998. The CMA can impose fines of up to 10% of worldwide turnover. Individuals involved may face the criminal cartel offence under the Enterprise Act 2002.

Dominant company refuses to supply a competitor

Refusal to supply by a dominant undertaking may constitute abuse under Chapter II of the Competition Act 1998 if it eliminates competition in a downstream market. The CMA can impose fines and order the undertaking to supply.

Related Careers

Solicitor

£500,000–£2,000,000+

Barrister

£250,000–£2,000,000+

In-House Counsel

£200,000–£500,000+

Frequently Asked Questions

What is an anti-competitive agreement and is it always illegal?

An anti-competitive agreement prevents, restricts, or distorts competition — for example, price-fixing, market-sharing, or bid-rigging. These are prohibited under Chapter I of the Competition Act 1998. However, some agreements can be exempt if they create efficiencies and the benefits outweigh the harm to competition (s.9 exemption, parallel to Art 101(3) TFEU).

Can I report a suspected cartel anonymously?

Yes — you can report cartel activity to the Competition and Markets Authority (CMA) anonymously through its cartels hotline (0800 085 1664 or online). The CMA also operates a leniency programme: a cartel member who cooperates and reports first may receive full immunity from prosecution and fines. Individuals can also report to the CMA directly.

What is the CMA's merger review process?

The CMA has jurisdiction to review mergers where the target has UK turnover over £70m or the merged entity has a combined 25%+ share of supply in the UK. Phase 1 is a 40-working-day review; if competition concerns arise, the CMA can open a Phase 2 investigation lasting up to 24 weeks. The CMA can block a merger, require divestments, or accept undertakings.

Can individuals go to prison for competition law offences?

Yes — under the Enterprise Act 2002, individuals who dishonestly participate in cartels (price-fixing, market-sharing, bid-rigging) commit a criminal offence carrying up to 5 years' imprisonment and an unlimited fine. Directors can also be disqualified. The CMA has criminally prosecuted individuals for cartel offences.

Important Deadlines

Bring a damages claim before the Competition Appeal Tribunal (CAT) following a CMA infringement decision2 years from the end of the appeal period or final determination of the infringement decision

Appeal a CMA infringement decision to the CAT2 months from the date of the decision

Notify a qualifying merger to the CMA (no mandatory pre-notification but CMA can review within)4 months from the material facts of the merger becoming public or being made known to the CMA

Typical Costs

Typical Costs & Fees

CMA fine for anti-competitive conductUp to 10% of worldwide annual turnover

Competition Appeal Tribunal (CAT) damages claimNo issue fee; legal costs £20,000–£200,000+

Solicitor costs for CMA investigation response£50,000–£500,000+ for complex cases

Official Resources

Competition and Markets Authority (CMA) →Competition Appeal Tribunal (CAT) →CMA — Report a competition or consumer problem →

What To Do Next

Step-by-Step Guides

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Common Scenarios

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