Start date: 29 June 2010
Closing date: 3 August 2010
The OFT has consulted on its provisional decision not to make a market investigation reference (MIR) to the Competition Commission (CC) following the publication of its reasoned response to the super-complaint from Consumer Focus on cash ISAs. Download the reasoned response (pdf 912kb).
One of the actions that can result from a super-complaint is a market investigation reference (MIR) to the Competition Commission (CC). For more information on this see Super-complaints: guidance for designated consumer bodies (pdf 447kb).
Under section 131(1) of the Enterprise Act 2002, the OFT may make a reference to the CC if it 'has reasonable grounds for suspecting that any feature, or combination of features, of a market in the United Kingdom for goods and services prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.'
The OFT will make a reference to the CC only when the reference test set out in section 131 of the Enterprise Act 2002 is met, and when, in its view, each of the following criteria has been met:
The statutory test in section 131 has not been addressed in detail in the reasoned response because, based on our analysis of the evidence, engagement with stakeholders and taking into account the initiatives agreed to by the industry, we do not consider that the scale of any problems is such that a reference would be an appropriate response. Therefore, the OFT does not believe that a reference to the CC would be an appropriate course of action in this case. See the press release (29 June 2010).
As set out in its reasoned response to the supercomplaint, the OFT was provisionally minded to decide not to make an MIR. A consultation took place on the OFT's provisional decision. We received no responses. The OFT has therefore decided not to make a reference to the Competition Commission.
Contact details
Senior Responsible Officer: Clive Maxwell, 0207 211 8950, clive.maxwell@oft.gsi.gov.uk
Project Director: Claire Hart, 0207 211 8782, claire.hart@oft.gsi.gov.uk
Team Leader: Luke Wainscoat, 0207 211 8630, luke.wainscoat@oft.gsi.gov.uk
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