HomeInsightsGovernment launches consultation on reforms to competition regime

The Government has launched a consultation on proposals to make parts of the UK’s competition law regime swifter and simpler.

Explaining the motivation behind the proposals, the (now former) Secretary of State for Business and Trade, Peter Kyle, explains that the existing regime is unnecessarily costly, complex, and time-consuming for both businesses and consumers. Under the proposed changes, the Government states that it intends for a more streamlined and straightforward regime that still manages to retain strong enforcements, fair outcomes, and appropriate safeguards.

Three areas are focused on in particular:

  1. Opt-out collective actions

While the Government does not intend to create new obligations or requirements for class representatives, it seeks views on whether the CAT Rules or guidance should be updated to clarify the requirements for class representatives as set out in case law. At the same time, proposals are set out to reform the financing of claims, including lifting the prohibition of damages-based agreements in opt-out collective actions. Also discussed are proposals to change the costs and case management processes in the CAT, and for mediation to be encouraged or mandated at set points in proceedings.

  1. Regulatory Appeals

The Government proposes that regulatory appeals currently determined by the CMA be transferred to the CAT, and seeks views on a wide range of questions relating to the process that should be followed, including the standard of review, the submission of new evidence on appeal, and whether the cross-examination of witnesses should be permitted.

  1. Enforcement

The Government also proposed various measures to ensure “faster and more efficient investigations, enabling the CMA, and the concurrent regulators, to address anti-competitive conduct more quickly, while preserving procedural fairness”. These include everything from streamlining the CMA decision-making model in enforcement of the Competition Act 1998, more proportionate confidentiality requirements, and more efficient settlement procedures.

The consultation closes on 25 September 2026, and can be read in full here.