Competition and Markets Authority
Competition Law & Consumer Protection

Expert competition law compliance and CMA advisory support — covering merger control assessments, anti-competitive practice reviews, consumer protection compliance, and CMA engagement strategy for businesses operating in or entering the United Kingdom.

Speak to a Competition Law Adviser

The Competition and Markets Authority (CMA) is the UK's primary competition and consumer protection authority. The CMA investigates anti-competitive conduct, reviews qualifying mergers and acquisitions, conducts market investigations, and enforces consumer protection laws. Businesses may require competition-law advice when undertaking acquisitions, operating in concentrated markets, dealing directly with consumers, or where their conduct may raise concerns under the Competition Act 1998 or the Enterprise Act 2002.

What is the Competition and Markets Authority (CMA)?

The Competition and Markets Authority (CMA) is the UK's independent competition regulator, established under the Enterprise and Regulatory Reform Act 2013. The CMA's core functions include: enforcing the Competition Act 1998 (prohibiting anti-competitive agreements and abuse of dominant position); reviewing mergers and acquisitions that qualify under UK merger control rules; conducting market investigations into markets that are not working well for consumers; enforcing consumer protection legislation; overseeing the UK subsidy control regime; and operating the Digital Markets, Competition and Consumers Act 2024 framework for designated digital firms. The CMA has broad investigative and enforcement powers including financial penalties, injunctions, and the ability to unwind completed mergers.

Important: The CMA does not incorporate companies (that is the role of Companies House), does not issue business licences, and does not approve foreign investment generally (inward investment screening is the role of the Investment Security Unit under the National Security and Investment Act 2021). CMA jurisdiction is triggered by competition and consumer protection considerations, not by business setup or licensing.

CMA Regulatory Framework & Key Areas

The CMA's jurisdiction covers several distinct but related areas of competition and consumer law. Businesses should assess their exposure across all relevant areas, subject to prevailing UK legislation and CMA guidance.

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Merger Control CMA review of mergers and acquisitions to assess whether they may result in a substantial lessening of competition (SLC) in the United Kingdom. The UK merger regime operates primarily on a voluntary notification basis, subject to prevailing jurisdictional thresholds and CMA guidance.
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Anti-Competitive Practices Enforcement under the Competition Act 1998 against anti-competitive agreements (Chapter I prohibition), including cartels, price-fixing, bid-rigging, and market-sharing; and abuses of dominant market positions (Chapter II prohibition). Cartel conduct is also a criminal offence under the Enterprise Act 2002.
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Consumer Protection CMA enforcement of consumer protection legislation, including action against unfair commercial practices, unfair contract terms, misleading advertising, subscription traps, and drip pricing. The Digital Markets, Competition and Consumers Act 2024 further strengthens the CMA's direct enforcement powers.
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Subsidy Control & Digital Markets CMA oversight of the Subsidy Control Act 2022 regime, ensuring public subsidies do not distort competition. The CMA also operates the Digital Markets, Competition and Consumers Act 2024 framework, applying pro-competition obligations to firms designated with Strategic Market Status (SMS).

Competition Compliance & CMA Engagement Process

We support businesses through competition law compliance assessments and CMA engagement, from initial risk identification through to ongoing compliance monitoring.

Competition Risk Assessment Assessing whether your business model, proposed transaction, or market conduct raises competition law concerns, including evaluation against UK merger control thresholds, market share considerations, and the prohibition provisions of the Competition Act 1998.

Transaction & Market Review Reviewing proposed mergers, acquisitions, or joint ventures for CMA jurisdiction, assessing the risk of a substantial lessening of competition, and advising on the strategic approach to CMA engagement, including the merits of voluntary pre-notification.

Regulatory Strategy & CMA Engagement Preparing the regulatory strategy for CMA engagement, including drafting merger notifications, preparing submissions, coordinating pre-notification discussions with the CMA, and supporting Phase 1 and Phase 2 investigation processes where required.

Ongoing Competition Compliance Monitoring Establishing and maintaining internal competition compliance policies, staff training programmes, and ongoing monitoring processes to prevent anti-competitive conduct, cartel behaviour, and consumer protection breaches.

Scope of Our CMA & Competition Law Services

Merger control assessments and CMA jurisdictional analysis
Phase 1 & Phase 2 CMA investigation support
Competition law audits and internal compliance reviews
CMA notification filings and pre-notification discussions

Consumer law reviews and fair trading compliance
Regulatory strategy and CMA engagement management
Competition compliance training and policy implementation
Market investigation support and remedies advice

Who May Require Competition Law Advice or CMA Engagement?

Any business whose activities may raise competition or consumer protection concerns under UK law may benefit from specialist competition law advice. Key categories subject to CMA oversight include:

Acquiring Companies & M&A Participants

Businesses undertaking mergers, acquisitions, or joint ventures involving UK entities or UK-facing markets where the transaction may qualify for CMA review, subject to prevailing UK merger control rules and jurisdictional thresholds.

Digital Platforms & Large Market Participants

Technology companies, digital platforms, and large market participants that may be subject to CMA market investigations, Strategic Market Status designation under the Digital Markets, Competition and Consumers Act 2024, or Chapter II dominance assessments.

Consumer-Facing Businesses & Regulated Markets

Retailers, subscription service providers, financial services firms, and businesses in regulated markets that must comply with the CMA's consumer protection enforcement regime, fair trading obligations, and sector-specific consumer law requirements.

Key Benefits of Competition Law Compliance

Regulatory Risk Reduction Proactive competition law compliance reduces the risk of CMA investigation, financial penalties, director disqualification, and operational disruption from regulatory intervention in business conduct or transactions.
Transaction Certainty Proactive merger control assessment and CMA engagement reduces the risk of post-completion intervention, forced divestiture, or unwinding of completed transactions, providing greater commercial certainty for buyers, sellers, and investors.
Consumer Confidence & Brand Protection Demonstrating compliance with consumer protection obligations builds customer trust, reduces the risk of CMA consumer enforcement action, and protects brand reputation against public enforcement or adverse CMA decisions.
Regulatory Preparedness Establishing robust internal competition compliance policies, staff training, and monitoring processes enables businesses to respond effectively to CMA inquiries, dawn raids, and formal investigations, minimising legal and operational exposure.

Key Outcomes & Deliverables

Competition Risk Assessment & Merger Review Support A detailed competition risk assessment for proposed transactions, including CMA jurisdictional analysis, substantial lessening of competition assessment, merger notification strategy, and support through Phase 1 and Phase 2 CMA review processes.

Consumer Compliance Framework & Internal Competition Policies A comprehensive internal competition compliance framework including anti-cartel policies, fair trading procedures, consumer protection compliance documentation, and a regulatory engagement strategy designed to support long-term competition law compliance.

Frequently Asked Questions

The UK merger regime operates primarily on a voluntary notification basis — there is generally no legal obligation to notify the CMA before completing a transaction. However, businesses risk post-completion CMA investigation, mandatory unwinding of the transaction, and financial penalties if they proceed with a merger that the CMA later finds raises competition concerns. Voluntary pre-notification is strongly advisable for transactions that may meet the CMA's jurisdictional thresholds. Separate mandatory notification requirements apply under the National Security and Investment Act 2021 for transactions in certain sensitive sectors.

A Phase 1 CMA merger investigation has a statutory timetable of 40 working days from a complete merger notification. If the CMA identifies serious competition concerns at Phase 1, it may refer the transaction to a Phase 2 investigation, which has a statutory timetable of 24 weeks (extendable in specified circumstances). Businesses should factor these timelines into transaction planning and any conditions precedent.

The CMA has broad enforcement powers under UK competition law. These include: imposing financial penalties of up to 10% of a business's global turnover for anti-competitive conduct; conducting unannounced inspections (dawn raids) at business premises; requiring businesses to provide documents and information; issuing interim measures; ordering structural or behavioural remedies; unwinding completed mergers; and referring cases for criminal prosecution of individuals involved in cartel conduct under the Enterprise Act 2002.

A cartel is an agreement between competing businesses to restrict competition — typically by fixing prices, rigging bids, sharing markets, or limiting production. Cartel agreements are prohibited under the Chapter I prohibition of the Competition Act 1998 and the cartel offence under the Enterprise Act 2002 makes participation in a hardcore cartel a serious criminal offence in the UK, carrying potential prison sentences for individuals involved.

Yes. In addition to its competition enforcement role, the CMA enforces consumer protection legislation across the UK economy. The CMA can take action against businesses engaging in unfair commercial practices, including misleading advertising, unfair contract terms, subscription traps, drip pricing, and other practices that harm consumers. The Digital Markets, Competition and Consumers Act 2024 significantly strengthened the CMA's direct consumer enforcement powers.

The Digital Markets, Competition and Consumers Act 2024 (DMCC Act) is a major piece of UK legislation that significantly updates the UK's competition and consumer law framework. It gives the CMA new powers to designate large digital firms with Strategic Market Status (SMS) and impose pro-competition requirements on their conduct. It also strengthens the CMA's consumer protection enforcement powers, allowing the CMA to directly impose financial penalties for consumer law breaches without requiring a court order.

Need Competition Law or CMA Compliance Support?

Speak to our competition law advisers for expert support on merger control assessments, CMA engagement strategy, consumer protection compliance, and competition law risk management for your business.