UK competition law enforcement: Regulatory proceedings and private litigation compared

Competition law enforcement in the UK is at a turning point. Private competition litigation has grown rapidly, through both individual claims and collective actions. Meanwhile, the Competition and Markets Authority (CMA) has, for now, increased its focus on its new consumer protection and digital markets powers, which means being more selective about the competition cases it takes. Private enforcement overtook public enforcement in 2020, and the gap has widened since.

In this third edition of our report, we analysed all CMA competition investigations and associated appeals since 2000 and the enforcement record of seven sector regulators. For the first time, we also analysed all 100 private competition cases brought at the Competition Appeal Tribunal (CAT) since October 2015.  Where the trigger is known, 59% of CMA investigations began with a third-party complaint or tip-off, and 70% of infringement decisions involved a dawn raid.  51% of private competition enforcement cases were brought without relying on any regulatory decision or investigation, and 74% of collective claims where a decision has been reached were certified. 

Public and private enforcement carry very different risks. Two-thirds of private cases allege abuse of dominance, compared with a third of public cases. Technology and Communications accounts for 31% of private cases but 14% of public enforcement. Life Sciences, Financial Services and Building and Construction see more public than private enforcement.

Drawing on comprehensive data and the experience of our Antitrust, Competition and Trade team, the report will help you:

• understand how CMA and sector regulator investigations start, how long they take and how they end;
• prepare your business, employees and directors for dawn raids, interviews and the risk of director disqualification;
• assess your exposure to individual claims and collective actions in the CAT;
• see which sectors and types of conduct face the greatest public and private enforcement risk;
• weigh up leniency, settlement and appeals using real outcome data.

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