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Guidelines and Procedures |
Guidelines and procedures |
| The Competition Commission is required by the
Competition Act 2007 to publish guidance documents, by December
4th 2009, setting out: |
- Guidelines on the economic and legal analysis which shall
be used for the determination of cases under the Act.
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- Guidelines on the principles which shall be used for
the determination of penalties or remedies imposed under
the Act, and on the manner in which turnover is to be calculated
for the purposes of section 59.
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| Like equivalent legislation elsewhere, the Competition
Act itself does not provide specifics on restrictive practices.
In most cases, the Commission’s decision on whether to
take action will depend on its assessment of the effects of
the behaviour it is investigating. Guidelines set out how that
assessment is made, and Procedural Rules define the mechanics.
This provides businesses and consumers with greater certainty. |
In November 2009, the CCM published its final
versions of these documents, following a public consultation
on draft versions. These documents were drafted in-house by
staff at the CCM, with support from external economics and legal
experts. In addition, a small consultative committee with representatives
from business, law, consumer associations and academia, provided
feedback on some of the drafts.
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| Final versions were considered and approved by
the Competition Commission. |
| Procedural Rules and Guidelines: |
CCM1-
Competition Commission Rules of Procedure 2009
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CCM
2 - Market definition and the calculation of market shares
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CCM
3 - Collusive agreements
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CCM
4 - Monopoly situations and non-collusive agreements
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CCM
5 - Mergers
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CCM
6 - Remedies and Penalties
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CCM
7 - Guidelines general provisions
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