Enterprise and Regulatory Reform Act 2013 Explanatory Notes

Section 25: The Competition and Markets Authority

147.This section establishes the CMA to perform functions on behalf of the Crown and gives effect to Schedule 4.

148.Section 25 also sets out the CMA’s duty to seek to promote competition for the benefit of consumers. This duty reflects the CMA’s position as the UK’s principal competition authority, its leadership role in tackling anti-competitive behaviour as part of ensuring markets work well for consumers, and its domestic and international advocacy role. In its approach to promoting competition for the benefit of consumers, it will be concerned with how firms interact with each other (the supply side) and how firms interact with customers (the demand side).

149.The general duty does not mean that the CMA may only act where doing so would promote competition. For example, it does not constrain the proper exercise of its function of determining licence modification references and appeals, and Energy Code modification appeals. Nor does the general duty constrain the proper exercise of the CMA’s consumer functions.

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