CMA launches COVID 19 taskforce | Practical Law

CMA launches COVID 19 taskforce | Practical Law

On 20 March 2020, the CMA announced that it is launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. It has also published an open letter to the pharmaceutical and food and drink industries.

CMA launches COVID 19 taskforce

Practical Law UK Legal Update w-024-5685 (Approx. 4 pages)

CMA launches COVID 19 taskforce

Published on 20 Mar 2020United Kingdom
On 20 March 2020, the CMA announced that it is launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. It has also published an open letter to the pharmaceutical and food and drink industries.
On 20 March 2020, the Competition and Markets Authority (CMA) announced that it is launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic.
The outbreak of COVID-19 is an unprecedented and rapidly evolving challenge that has prompted many concerns that businesses might exploit the situation to take advantage of people, for example by charging excessive prices or making misleading claims about their products. In its statement of 5 March 2020, the CMA urged retailers to behave responsibly and said that it would consider any evidence that companies may have broken competition or consumer protection law (see Legal update, CMA warns against exploitative sales and pricing practices during Coronavirus outbreak).
The CMA is creating a taskforce to:
  • Scrutinise market developments to identify harmful sales and pricing practices as they emerge.
  • Warn firms suspected of exploiting the exceptional circumstances, and people's vulnerability, through unjustifiable prices or misleading claims. The CMA has already contacted traders and platforms regarding excessive pricing of hand sanitiser.
    It has also published an open letter to the pharmaceutical and food and drink industries advising that, following reports that a minority of companies in these sectors are seeking to capitalise on the current situation by charging unjustifiably high prices for essential goods or making misleading claims around their efficacy, it will use its entire range of competition and consumer powers to tackle unacceptable practices and to ensure that markets continue to work well during the COVID-19 outbreak.
    The CMA understands that some price rises may result from constraints further up the supply chain, but it asks stakeholders to inform it of price increases by wholesalers or suppliers, so that it can investigate these issues further up the supply chain. Information should be sent to [email protected].
  • Take enforcement action if there is evidence that firms may have breached competition or consumer protection law and they fail to respond to warnings.
  • Equip the CMA to advise the government on emergency legislation if there are negative impacts for people that cannot be addressed through existing powers.
  • Enable the CMA to advise the government on how to ensure competition law does not stand in the way of legitimate measures that protect public health and support the supply of essential goods and services. It will also advise on further policy and legislative measures to ensure markets function as well as possible in the coming months.
The CMA has published a form to report concerns about business practices during the COVID-19 outbreak.
Binding statutory deadlines apply to a significant proportion of the CMA's work and it intends to continue progressing its cases, making decisions and meeting deadlines. At the same time, the CMA will continue to monitor timetables including, as permitted, extending statutory timeframes where necessary. It is reallocating resources to help ensure that the most urgent and the most critical work can be done on time.