Enforcement standards

We will conduct our enforcement activities with strict adherence to the Code and charter standard statement. Where there are no statutory timetables our standards for enforcement activities are set out below.

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Mergers

• To decide whether to refer a merger to the Competition Commission within 40 working days of receipt from the parties of a satisfactorily complete submission on the case in 90 per cent of cases.
• To decide on requests from parties to proposed mergers for confidential guidance as to the likelihood of a reference within 30 working days of receipt in 90 per cent of cases.

(Note: companies may pre-notify the OFT of a proposed merger using a special form. It is a statutory requirement that a decision on reference to the Competition Commission of a formally pre-notified merger must be taken within 20 working days, though this can be extended up to a maximum of 30 working days.)

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Anti-competitive agreements and abuse of a dominant position

• To inform complainants of whether their complaint about alleged anti-competitive behaviour raises issues which justify further work within 30 working days of receipt in 90 per cent of cases.

We are currently reviewing the timescales for competition casework in the light of legislative change and our casework experience to date. We expect to publish amended benchmarks by April 2007.

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Monopolies

• To ensure that all parties to an enquiry are kept informed of progress and the issues of concern, and to give a substantive response to complaints and other correspondence within 30 working days in 90 per cent of cases.
• To complete an enquiry, by deciding the matter requires no further action, calls for assurances or undertakings or merits reference to the Competition Commission within six months in 75 per cent of cases.

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Responses to enquiries

• Whenever we receive an enquiry from a business about the law we administer or our own procedures in any of these areas, we shall aim to reply within 10 working days. If the enquiry is too complex or difficult for us to give a full response within that time, we shall acknowledge it and say how long a full reply is likely to take.
• Most general consumer enquiries are handled by the OFT's Enquiries Unit which aims to reply to letters received within five working days.

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