On 28 March the OFT announced the publication for consultation of a revised draft of its Competition Act 1998 Procedures Guidance. The primary purpose of this document is to consult on the OFT's proposal to introduce a new structure for the way the OFT makes decisions in investigations under the Competition Act 1998. The OFT also announced in this consultation document the extension of the trial of the Procedural Adjudicator's role for a further year (until 21st March 2013), with an expanded remit, and a number of other enhancements it is making to its Competition Act 1998 investigation processes.
The OFT first published guidance on its Competition Act 1998 investigation procedures (OFT1263) and launched a trial of a Procedural Adjudicator role in March 2011.
Respondents to the OFT's consultation on this guidance in August 2010 suggested some additional changes which the OFT did not implement in the March 2011 guidance but noted at the time that it would consider further. Having reviewed the lessons learnt from developments in cases over the past year (including judgments of the Competition Appeal Tribunal) and international best practice, the OFT has identified a number of improvements to its procedures which will build on the changes already made. The improvements also address feedback from the public consultation issued by the Department for Business, Innovation and Skills on the reform of the competition regime.
The OFT is consulting on revised draft Competition Act 1998 Procedures Guidance to reflect the proposed new decision-making structure, the expansion of the role of the Procedural Adjudicator and the extension of its trial for a further year, as well as the other enhancements it is making to its Competition Act 1998 procedures. The guidance is limited to the OFT's investigations under the CA98 and does not extend to investigations by sectoral regulators. The consultation is open until 19 June 2012
The OFT first published A guide to the OFT's investigation procedures in competition cases (OFT1263 pdf 845 kb) on 2 March 2011.
The guidance sets out clearly the procedures the OFT follows in Competition Act investigations, from the opening of cases through to their final resolution.
It includes discussion of a number of new measures for companies reporting anti-competitive behaviour and those being investigated, including:
The guidance also clarifies the existing approaches to decision making, access to decision makers and quality assurance.
See also: OFT Chairman, Philip Collins' speech on CA98: Shaping the future of Competition Act cases, given at the OFT on 2 March 2011.
The OFT commenced a one-year trial of a Procedural Adjudicator role on 21 March 2011.
The Procedural Adjudicator is Jackie Holland, Director of Competition Policy. The purpose of the trial is to provide a swift, efficient and cost-effective mechanism for resolving disputes between parties and the case teams in Competition Act 1998 investigations.
The OFT has decided to extend the Procedural Adjudicator trial, which was due to end on 21 March 2012, for a further year until 21 March 2013. The OFT has also decided to expand the role of the Procedural Adjudicator in this second year of the trial to include a role in chairing oral hearings in Competition Act 1998 cases. In addition, the Procedural Adjudicator will report to the relevant decision-maker (s) following the oral hearing on the conduct of the oral procedure and on any procedural issues that have been brought to his/her attention during the investigation.
Find out more about the Procedural Adjudicator Trial.
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