Guidance

Service of documents on the CMA in court proceedings relating to competition law

Updated 30 January 2023

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This publication is available at https://www.gov.uk/government/publications/competition-law-court-proceedings-serving-documents-on-the-cma/service-of-documents-on-the-cma-in-court-proceedings-relating-to-competition-law

Private competition litigation

In addition to the Competition and Markets Authority’s (CMA) public enforcement powers, the competition law regimes provide several avenues for private parties to obtain redress from the courts. The availability of private redress for consumers and businesses is an important complement to the CMA’s public enforcement.

The CMA can intervene in private proceedings in the Competition Appeal Tribunal (CAT), High Court, Court of Appeal and the Supreme Court in relation to cases which consider the application of competition law or consumer law.

As a matter of right, the CMA is able to participate in private actions in the CAT. In particular, the CMA has the right to submit written observations to the CAT on issues relating to the application of relevant competition law of Chapter I or II of the Competition Act of 2018. The CMA may also make oral observations at the hearing with the CAT’s permission.

In deciding whether to intervene the CMA considers when it can contribute to the proceedings in addition to how the case is presented by the existing parties to the action and in doing so assist the CAT.

If you are a party to a private competition law action

Court rules require parties in cases that raise competition issues to provide certain court documents to the CMA. This requirement applies in the High Court, Court of Session and Competition Appeal Tribunal (CAT).

Proceedings in the High Court and the Court of Session

The documents to be served on the CMA in High Court cases are set out in paragraph 3 of the Competition Law Practice Direction. Similar provisions apply on subsequent appeal to the Court of Appeal, with the documents to be served on the CMA set out in paragraph 7.1(3) of the Appeals Practice Direction.

In Scotland, the documents to be served on the CMA are set out in Chapter 87 of the Court of Session Rules.

Competition Appeal Tribunal proceedings

In the CAT, the documents to be served on the CMA are set out in Rules 33(7), 35(6), 36(4), and 76(6) of the CAT Rules and in paragraphs 5.53 and 6.17 of the CAT’s Guide to Proceedings. Both documents are available on the CAT website.

Parties should send the relevant documents – at the same time they are served on other parties to the proceedings and in the form they were served on the Court/CAT – to the CMA at the following address:

Senior Director of Litigation
Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ
United Kingdom

Documents can also be sent to the CMA at the following email address: privateactions@cma.gov.uk

Electronic documents should be in PDF, Word, or Excel format.

The CMA will treat all documents received from parties under the obligations above in line with applicable confidentiality laws, including the Data Protection Act 2018 and the restrictions on disclosure in Part 9 of the Enterprise Act 2002.

Register of cases in which the CMA has intervened

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