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05 Jun 2025
8 minutes read

UK government's strategic steer to the Competition and Markets Authority

On 15 May 2025, the UK government issued the final version of its "strategic steer" to the Competition and Markets Authority (CMA). The steer sends a clear message that the government expects the CMA to support and contribute to its growth agenda but also provides welcome reaffirmation that the CMA must continue to exercise its functions independently.

The steer applies to all aspects of the CMA’s activity over which it has discretion and includes high-level directions inviting the CMA to:

Looking to the future – priorities for intervention

The strategic steer, as well as the CMA’s annual plan, highlights the importance of driving efficiencies in the public sector. The CMA intends to build on its strong record of protecting the public purse by intensifying its work to stop bid-rigging in public procurement. In particular, it plans to invest in detection tools, including data analytics and AI, to identify suspicious activity.

While public procurement is a priority, the CMA also intends to focus its interventions in the short – medium term in the eight sectors that the UK government has identified in its industrial strategy green paper as presenting the greatest opportunity for output and productivity growth, namely advanced manufacturing, clean energy industries, creative industries, defence, digital and technologies, financial services, life sciences, and professional and business services. In particular, the CMA has indicated that wants to hear from businesses facing barriers to entry or expansion that competition law could help them solve, or where there is concrete evidence that competition law concerns are chilling beneficial collaborations.

Meanwhile, in Europe…

On 25 April 2025, the European Commission published its report on Competition Policy in 2024. The Report highlights the role of modernising and simplifying the competition rules to strengthen the Single Market and contribute to EU competitiveness. In particular, there is an emphasis on where businesses can make the most of Europe’s scale to develop strong and competitive industries to the benefit of European citizens. The Report also highlights how competition policy has helped supporting the green and digital transitions, in line with the Commission’s political priorities, while protecting and empowering consumers.

European Commission’s review of EU merger guidelines

Then, on 30 April 2025, Teresa Ribera, executive vice president (EVP) and commissioner in charge of competition policy, gave a speech in which she discussed the future of competition policy and Europe’s strategic autonomy.

She discussed, among other things, the Commission’s approach to merger control, highlighting that while the Commission wants European champions, it will not let players concentrate at the expense of competitive markets or consumers. In other words, the Commission wants competitiveness, which is not a race to the bottom, and to that end it will only support mergers that enhance Europe’s global position and truly contribute to innovation.

Like the CMA, the Commission is also considering its merger control regime. On 8 May 2025, they initiated a public consultation to gather feedback on its review of the EU merger guidelines. According to the Commission’s press release, "the review process will focus on how the Commission's assessment should give adequate weight to innovation, efficiency, resilience, the time horizons and investment intensity of competition in certain strategic sectors, sustainability, the changed defence and security environment and other acute transformational needs of our times." In addition, "the Commission has published seven focused papers, elaborating on a wide range of current challenges and on the legal and economic parameters used in its merger control assessment." The papers will be the basis for a continued targeted engagement with stakeholders including through dedicated events and workshops.

The merger guidelines review will cover both the horizontal and non-horizontal merger guidelines. The Commission notes that "since the introduction of both sets of guidelines, there have been several transformational changes in the economy, ranging from digitalisation and globalisation to decarbonisation, which can impact competitive dynamics in many markets" and "the current review of these guidelines will serve to update the assessment framework for mergers in light of these changes and new market realities, and also enable us to reflect the case practice and the case law of the Court of Justice of the European Union." This indicates a much broader focussed review than the procedural lens the CMA is applying.

Conclusion

There is some apparent divergence between the UK government’s strategic steer and the CMA’s direction of travel, and the Commission’s approach to competition policy. The UK is sharply focused on the overriding national priority of economic growth, whereas the Commission has taken a broader perspective, focusing on setting a course to keep up with the rapid evolution and structural imbalances of markets. In fact, although the Commission views competition policy as a critical tool to boost productivity, efficiency and innovation, the Competition Policy in 2024 Report does not specifically feature "economic growth" as one of its overarching themes. 

However, despite these differences, there remain marked underlying similarities between the UK and EU competition policy approaches. Most notably, both the CMA and Commission recognise the need for comprehensive, predictable, and lasting merger control frameworks, which are not unduly burdensome, and which work for all types of mergers and all economic sectors. The EU’s primary mission of preserving a competitive internal single market may lead it to take a broader approach to its work compared to the CMA working in line with the strategic steer. It will be interesting to see if greater divergence emerges following their current review exercises.

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