CMA And OFCOM Memorandum Of Understanding: Competition Powers

The Competition & Markets Authority ("CMA") and the Office of Communications ("OFCOM") have entered into a non binding Memorandum of Understanding to encourage cooperation and greater understanding between the two regulators and to promote competition for the benefit of consumers.

Memorandum of Understanding ("MoU")

Following recent changes in UK legislation, the CMA has entered into a number of MoUs with regulators with concurrent competition powers. The main purpose of the MoU is to establish greater understanding between CMA and OFCOM through sharing of expertise, information, ideas and experience in relation to competition prohibitions and market investigations in the electronic communications, broadcasting and postal sectors (the "Sectors").

The CMA has statutory responsibilities for investigating breaches of competition law and conducting market studies and market investigations where there may be competition and consumer problems. OFCOM's principal duties include furthering the interests of consumers in relevant markets, where appropriate by promoting competition. The MoU explains that the CMA and OFCOM wish to use their respective powers to achieve more competitive outcomes in the Sectors for the benefit of consumers so as to make markets in those sectors work well for consumers, business in the sector and businesses that use those services, as well as the economy in which those services play an important part.

The MoU sets out the main areas that the CMA and OFCOM will focus on to complement each other's work:

promoting co-operation and coordination between the CMA and OFCOM when dealing with cases of suspected anti-competitive behaviour for which they have concurrent powers; promoting co-operation and coordination between the CMA and OFCOM when dealing...