Building Voices

Episode #26 – UK competition enforcement report: key points for our clients in the building and construction sectors


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In this episode, our experts look at a first-of-its-kind competition enforcement report produced by the CMS Competition team.

The report provides a rigorous analysis of competition enforcement in the UK, analysing all 164 of the Competition and Markets Authority’s investigations appeals to the Competition Appeal Tribunal since the early 2000s.

In this discussion, two authors of the report (Neil Baylis and Lucy Charatan of CMS’ Antitrust, Competition & Trade team), discuss building and construction highlights from the report.

The podcast covers:

  • A summary of the contents of the report and how it is relevant to businesses operating in the building and construction sectors
  • A discussion on how the CMA generally initiates investigations and a consideration on whether it has adopted any specific practices in the construction sector
  • Types of infringing behaviour seen in the building and construction industry
  • A consideration of whether the CMA has become more active in taking proceedings against directors in a personal capacity
  • Lessons learnt from the report and trends to look out for in the future for the sector, including relating to ESG and labour markets
  • Explore CMS' UK competition enforcement report

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