The article explores the future of UK competition law enforcement, focusing on the strategic objectives of the Competition and Markets Authority (CMA) as it approaches the 25th anniversary of the Competition Act 1998. The CMA aims to drive economic growth through competition, deter anti-competitive practices, and maintain market contestability.

Competition is deemed essential for economic growth, prompting the CMA to intensify efforts against cartels, particularly in the construction sector, where significant fines have been imposed to keep input prices competitive. The CMA recognizes that some collaboration between competitors can be beneficial, advocating for a balanced approach that encourages pro-competitive collaborations while deterring harmful conduct.

With the introduction of the Procurement Act 2023, companies found guilty of cartel behavior will face mandatory exclusion from public tenders, enhancing the deterrent effect of competition law enforcement. The CMA has imposed substantial fines over the past decade and disqualified numerous directors for unlawful activities, emphasizing the importance of compliance for businesses.

The CMA is also focusing on digital markets, taking action against major companies like Amazon and Meta to ensure fair competition. The upcoming Digital Markets, Competition and Consumer Act (DMCCA) will provide a tailored regulatory framework for the tech sector, allowing for specific interventions while utilizing traditional competition tools.

Competition law advisors are urged to prepare clients for stricter enforcement, particularly in digital markets, and to develop compliance strategies to avoid penalties. The CMA's focus on both public and private enforcement is highlighted, with an increasing trend of businesses pursuing their competition law rights, which can deter illegal conduct.

The article discusses the CMA's proactive approach in seeking input from businesses about their challenges and the importance of reporting anti-competitive conduct. It also addresses the tension between public enforcement and private rights to seek damages, particularly in cartel cases, and the ongoing debate about leniency programs.

In public procurement and labor markets, the CMA is investigating potential anti-competitive practices, emphasizing compliance with competition regulations. The article highlights the implications of restrictive covenants in employment contracts and the use of pricing algorithms, urging advisors to guide clients on legal risks and compliance.

The CMA is committed to enhancing its enforcement actions, particularly in sectors vulnerable to anti-competitive behavior, and is leveraging technology to improve investigations. The article concludes by emphasizing the need for competition law advisors to stay informed about the CMA's evolving strategies and the importance of compliance to avoid serious consequences.