Information in relation to FCA exercise of competition enforcement powers - November 2021

1. For each of the periods (i) 1 April 2020 to 31 March 2021; and (ii) 1 April 2021 to 30 September 2021, please provide (in each case in relation to the exercise of competition enforcement powers only):

a) the number of 'advisory letters' the FCA issued;

b) the number of 'on notice letters' the FCA issued;

c) the number of open enforcement investigations the FCA conducted (‘investigations’ means cases that the FCA has formally opened, i.e. it has taken a decision that there are reasonable grounds for suspecting a competition law infringement under section 25 of CA98 and that it wishes to prioritise the case; and ‘conducted’ means any investigations that were open at any time during the specified period);

d) the number of Statement of Objections the FCA issued;

e) the number of enforcement investigations the FCA closed (with or without action taken);

f) the number of enforcement investigations the FCA closed with no action taken; and

g) the number of enforcement investigations the FCA closed resulting in a financial penalty.

For each of the responses provided in response to parts 1(a) to 1(g) above, please provide a breakdown showing whether the applicable enforcement powers were exercised under:

(i) Chapter 1 of CA98;

(ii) Chapter 2 of CA98;

(iii) Article 101 of the Treaty on the Functioning of the European Union (TFEU); and/or

(iv) Article 102 of TFEU

2. For each of the periods (i) 1 April 2015 to 31 March 2016; (ii) 1 April 2016 to 31 March 2017; (iii) 1 April 2017 to 31 March 2018; (iv) 1 April 2018 to 31 March 2019; (v) 1 April 2019 to 31 March 2020; (vi) 1 April 2020 to 31 March 2021; and (vii) 1 April 2021 to 30 September 2021, please provide (in each case in relation to the exercise of competition enforcement powers only):

a) the number of enforcement investigations the FCA opened (‘investigation’ has the meaning set out in question 1(c) above);

For the response provided in response to 2(a) above, please provide a breakdown showing whether the applicable enforcement powers were exercised under:

(i) Chapter 1 of CA98;

(ii) Chapter 2 of CA98;

(iii) Article 101 of the Treaty on the Functioning of the European Union (TFEU); and/or

(iv) Article 102 of TFEU

The information asked for is provided in the two tables below. In considering our response, please note the following:

Definitions in point 1 letters (c) and (f). We have applied the definition of ‘conducted’ and ‘investigation’ as provided in the request (point 1 letter (c)). We have defined ‘closed with no action taken’ as meaning where an investigation is closed without making a finding of infringement under CA98.

Categories of cases. Please note that we completed the request for categories where there is a positive response. In all other categories, there is a nil return for the periods specified. Please also note that the FCA records information without distinguishing between cases only under Competition Act 1998 and those (prior to the end of the Brexit transition period on 31 December 2020) carried out under the Treaty on the Functioning of the European Union (TFEU). Finally, please note that as from 1 January 2021, the FCA’s activities under CA98 relate solely to Chapters 1 and/or 2 CA98 (not Articles 101 and/or 102 TFEU).

Our response to question 1 is in Table 1 below. Our response to question 2 is in Table 2.

Table 1

Table 2