Response to the DBT consultation on refining the UK competition regime
7 April 2026
We submitted our response to the Department for Business and Trade (DBT) consultation on Refining Our Competition Regime.
The consultation sets out a range of proposals that would significantly reshape key elements of the UK competition regime.
We assess three key proposals in the consultation: replacing the CMA Panel with the CMA Board for Phase 2 decisions; expanding the formal approval role of the Secretary of State (SoS) to a wider range of CMA guidance; and changing the concurrency framework to permit regulators to oversee CMA remedies and adopt a more consultative approach to market investigation references.
We argue that these proposals raise significant concerns:
Replacing the CMA Panel with the CMA Board would weaken CMA independence. Phase 2 decisions are likely to become less guided by impartial technical analysis and more driven by political interference and rent-seeking. Greater political influence is likely to make the CMA less credible and less predictable, increasing policy uncertainty and regulatory risk.
Removing the CMA Panel would also erode checks and balances. This is likely to increase confirmation bias and reduce the overall quality of CMA decision-making.
Expanding the SoS’s approval role to a wider range of CMA guidance would exacerbate risks to independence and to the CMA’s ability to make the ‘right’ decisions.
The changes to the concurrency framework could undermine the effectiveness of CMA remedies in regulated sectors, as well as the ability and incentives of regulators to engage in markets work.
Overall, we believe that the proposals risk undermining the effectiveness of the UK competition regime in driving effective competition, supporting economic growth and delivering benefits for consumers and businesses.
Our key recommendation is not to pursue these reforms.