New scheme to accelerate Competition Act investigations
The Office of Fair Trading (OFT) is to pilot a procedural disputes scheme to speed up Competition Act investigations.
The new scheme, which is due to launch later this month on a one-year trial basis, will see the appointment of a procedural adjudicator to review decisions on procedural issues during an investigation. Jackie Holland, formerly the OFT’s director of competition policy, has been appointed to the role.
Parties to investigations and their lawyers will be able to apply to the procedural adjudicator for a review of procedural decisions such as deadlines for companies. The adjudicator will aim to reach a decision within 10 working days. Previously, parties had to apply to the senior responsible officer, a process that businesses said took too long.
Last week, the OFT launched its final guidance on procedure. New measures include: offering informal pre-complaint discussions to help potential complainants assess whether it is worth their while bringing a complaint; a commitment to decide whether to open a case no later than four months after receiving a complaint; and sending a case initiation letter on opening a
