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Competition & Markets Authority
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CMA and Ofgem memorandum of understanding
Memorandum of understanding between the Competition and Markets Authority and the Gas and Electricity Markets Authority.
CMA and Ofgem memorandum of understanding
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Details
This memorandum of understanding (MoU) sets out the working arrangements between the Competition and Markets Authority (CMA) and the Gas and Electricity Markets Authority (Ofgem) in relation to their concurrent competition law powers in the gas and electricity sectors in Great Britain.
Foreword
The changes to the United Kingdom’s competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force from April 2014, are designed to improve the effectiveness of competition law enforcement in this country.
The CMA has competition law powers which apply across the whole economy. Sectoral regulators such as OFGEM may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility.
The Enterprise and Regulatory Reform Act 2013 has introduced a number of changes to improve the working of these concurrency provisions and to enable closer working between the CMA and sectoral regulators.
The CMA and the sectoral regulators have already demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed:
“The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate”.
