The UK's competition watchdog, the Competition and Markets Authority (CMA) has made a decision to continue its investigation into allegations of anti-competitive behaviour by companies in the roofing materials sector. A further update on this investigation is expected towards the end of 2018.
What is anti-competitive behaviour?
Anti-competitive behaviour can take many forms. The main 3 areas of competition law are:
- Cartels (where two or more businesses agree not to compete with each other.)
- Other anti-competitive agreements (this includes, for example, a retailer agreeing with its supplier not to sell products below a particular retail price); and
- Abuse of a dominant market position (once a dominant position is established, conduct which exploits consumers or tends to have an exclusionary effect on competitors is likely to constitute an abuse).
What are the potential risks if you ignore competition laws?
- Financial penalties;
- Prison and fines;
- Director disqualification;
- Reputational damage.
The CMA has produced useful guidance for SME's which highlights the main considerations around competition law.
At Markel Law we regularly comment on SME related matters.
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On 11 July 2017, the CMA launched an investigation into suspected anti-competitive arrangements in the UK roofing materials sector which may infringe Chapter I of the Competition Act 1998 (CA98) and/or Article 101 of the Treaty on the Functioning of the European Union (TFEU).