Introduction from the Minister
Dear Candidate,
Thank you for your interest in becoming a Panel Member at the Competition & Markets Authority (CMA).
The CMA is the UK’s independent competition and consumer agency, promoting competition for the benefit of consumers, businesses and the UK economy. The CMA plays a crucial role in supporting the government’s growth mission. Free and fair competition and effective consumer protection support growth by driving forward innovation, increasing productivity, and encouraging investment – including international direct investment – into the UK.
The CMA is implementing an exciting change programme based around delivering the “4Ps” – improved Pace, Predictability, Proportionality and Process. In doing so the CMA has taken a leading role in driving the regulatory reform agenda, a key priority for the government.
As made clear in our recently published proposals to refine our competition regime, this government recognises the need to introduce legislative reform that will further facilitate the CMA’s 4Ps programme. The aim is to ensure the framework continues to promote effective competition, support economic growth, and deliver benefits for consumers and businesses, while maintaining the independence of the CMA.
Our proposals maintain the importance of dedicated expert decision-makers at the heart of determining outcomes in the UK competition regime, whilst bringing accountability for merger control and markets case outcomes within the purview of the CMA Board.
Under the current system, joining as a Panel Member, you will play a critical role as a decision-maker in complex, high-profile competition and regulatory cases covering a wide range of subject areas. Should our proposed model come into law, there will be a similar need for expert decision-makers bringing the same level of skill, expertise, diversity of thought, critical thinking and influence. I would very much expect that, as an existing CMA Panel Member, you would be in a very strong position to be appointed to this new expert pool under the revised regime.
We are looking to appoint exceptional individuals with a wide range of backgrounds and experience who can maintain the CMA’s well-earned reputation for sound, evidence-based decision-making, under the current regime and potentially into the new decision-making model.
If you have the qualities we are seeking and are keen to play a central role in ensuring the CMA delivers for businesses and consumers across the UK, we look forward to hearing from you.
Parliamentary Under-Secretary of State
Kate Dearden, MP
Appointment description
The CMA is seeking up to 12 Panel Members to sit on Inquiry Groups comprising Panel Members that will make decisions on cases.
Members of the CMA’s Panel conduct inquiries and make decisions on some of the most significant, complex and high-profile investigations that the CMA is responsible for including phase 2 merger inquiries, market investigations and appeals from the UK’s economic regulators. Members of the Panel may also be decision-makers on cases concerning alleged breaches of the prohibitions on anti-competitive agreements and abuse of dominance, alleged breaches of consumer protection and investigations of whether to designate a firm with strategic market status.
Current Panel Members have described their experience with the CMA as one of the “most intellectually stimulating, important and satisfying roles” that they have performed during their careers.
The government is currently consulting on a range of proposed reforms to the competition regime, which include changes to decision-making in the most significant mergers and markets decisions that would ensure that those ultimately accountable to Parliament (or their delegates) are able to be directly involved in decision-making. The proposed changes are expected to further enhance the efficiency, timeliness and predictability of decision-making in the mergers and markets regimes, while also ensuring that the vital independence of CMA decision-making is safeguarded. They also align the CMA’s approach with that already adopted for its digital markets functions. Specifically, the government is proposing to replace Panel-led Inquiry Groups with decision-making involving sub-committees of the Board, appointed by a Mergers Board Committee and a Markets Board Committee.
Under this proposed reform the CMA Board sub-committees would each be comprised of at least 50% non-staff members, drawn from either the CMA’s Board or from a pool of expert decision-makers who will provide diversity and experience across decision-making (the Pool). The government anticipates that members of the Pool will be drawn from the CMA’s Panel Members, and from candidates who are successfully appointed to the CMA’s Panel as a result of this campaign.
Changes to the decision-making model will be subject to the passage of legislation and will take time. In the meantime, current and new Inquiry Groups under the merger and markets regime will continue and will require the CMA to maintain a sufficient number of Panel Members. Panel Members will continue to be involved in decision-making across the CMA’s other functions, including under the Competition Act, consumer enforcement, and the digital markets competition regime.
Over the coming months, government intends to review the role played by the CMA Panel in regulatory appeals, including reviewing price determinations and decisions by sectoral regulators such as those in the energy and water sectors. This review will be informed by decisions in sector specific reviews and take account of cross-cutting work on the updated approach to economic regulation as set out in the 10 Year Infrastructure Strategy.
Terms of Appointment:
Panel Members are appointed by the Secretary of State for the Department for Business and Trade for up to 8 years, which is non-renewable.
Remuneration
Panel Members work according to the caseload and their own availability and are paid a daily rate of £400, which is set by the Department; there is no pension provision.
Panel members will incur expenses related to fulfilling their role with the CMA. The CMA’s Expenses Policy sets out the principles and rules for reclaiming costs.
Time Commitment
Panel Members are expected to commit on average 2 days per week when assigned to an Inquiry Group, though this may not be evenly spread across the year or the period of an inquiry with some phases of an inquiry requiring a more intensive commitment. The overall time commitment varies depending on the assignment:
- A phase 2 merger reference has a statutory time limit of 24 weeks (with a possible extension of up to 8 weeks), although some cases may be determined more quickly where appropriate
- Regulatory appeals on price controls generally last 6 months (energy appeals can extend by a month to 7 months and references up to 12 months)
- Market investigations have a statutory time limit of 18 months (with a possible extension of up to 6 months)
There will be times when a Panel Member’s work is intensive and other times when a Panel Member may have to wait for a case. Panel Members are expected to attend regular seminars and additional training when offered and will be able to claim for this time. Appointment to an Inquiry Group may depend on availability.
Remote working
Remote working is now possible when working on inquiries. However, there is an expectation that a Panel member attends key meetings, hearings and site visits in person in London, and of course when we have the induction day(s) for their new role.
Person Specification:
The current Panel comprises people from across the UK with a broad range of experience, expertise and professional backgrounds including competition law, economics, business, investment, professional services, consumer advocacy and academia.
We are seeking to refresh the Panel with people who bring a diverse range of experience and backgrounds. In addition to those with experience in competition and consumer law, economics, business, digital and technology, we are particularly interested to hear from people with backgrounds in finance or accountancy and specialists in news and media, communications, payment systems and utilities.
All appointees will serve as a member of the Panel. Panel Members are selected to serve on Inquiry Groups. Some members may also be appointed to specialist panels from whom members are selected for certain inquiries relating to news and media, communications, payment systems or utilities.
Inquiry Groups are chaired by Inquiry Chairs who usually serve for three or four days a week and are remunerated accordingly. There will be a need to appoint new Inquiry Chairs as some appointment terms are due to end. Panel Members may be eligible to be considered for such roles when they become available.
Organisation description
The CMA is the UK’s primary competition and consumer body. It promotes competition for the benefit of consumers, both within the UK and internationally, and its aim is to ensure that markets work well for consumers, businesses and the economy.
The CMA is a non-Ministerial department established by the Enterprise and Regulatory Reform Act 2013 on 1 April 2014, merging the Office for Fair Trading and the Competition Commission. The CMA has staff in London, Edinburgh, Belfast, Cardiff, Manchester and Darlington.
The Secretary of State for Business and Trade sets the policy framework for competition which gives the CMA powers to investigate mergers, breaches of the Competition Act 1998 (CA98) prohibitions, poorly functioning markets and to protect consumers from unfair trading practices. The CMA also enforces the new pro-competition digital markets and strengthened consumer regimes under the Digital Markets Competition and Consumers Act 2024 and considers appeals against the economic regulators’ price control decisions.
The CMA is directly funded by His Majesty’s Treasury and is accountable to Parliament. At the beginning of each Parliament, a non-binding Strategic Steer to the CMA is published by the government outlining the key focuses and challenges for competition and consumer protection. Sponsorship for the organisation is shared between HM Treasury in relation to funding and the Department for Business and Trade (DBT) in relation to policy and Board level appointments.
Board composition