Select Committee · Business and Trade Committee

Post-pandemic economic growth: State Aid and Post Brexit Competition Policy

Status: Closed Opened: 23 Sep 2021 Closed: 3 May 2023 17 recommendations 13 conclusions 1 report

The Business, Energy and Industrial Strategy (BEIS) Committee would like to hear the views of UK businesses on the future role that government will play in investing in industry and shaping competition policy. The views and ideas that business leaders provide will help inform the Committee as it starts work on its inquiry, on State …

Clear

Reports

1 report
Title HC No. Published Items Response
Fourth Report - Post-pandemic economic growth: state aid an… HC 759 25 Oct 2022 30 Responded

Recommendations & Conclusions

12 items
3 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

The CMA is generally well regarded domestically.

The CMA is generally well regarded domestically. However, awareness of its work appears to be low in the UK, both amongst the public and amongst businesses. We agree that awareness of the CMA’s work and the value which it adds is necessary if it is to have credibility. We encourage …

Government response. The CMA agrees it is important to communicate effectively and is using press notices and news stories, the 2023/24 draft Annual Plan, and the consultation process to identify and engage with a wider range of stakeholders.
Department for Business and Trade
4 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

The increase in the CMA’s responsibilities and powers is likely to lead to a corresponding...

The increase in the CMA’s responsibilities and powers is likely to lead to a corresponding increase in its public profile, as businesses and public authorities start to engage with it, or engage more frequently. We believe that would be beneficial and should be embraced by the CMA. We will play …

Government response. The CMA welcomes greater interest and scrutiny from parliamentary committees and is ready to engage and provide greater reporting.
Department for Business and Trade
14 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

We therefore request that the Government gives an early indication of the extent to which...

We therefore request that the Government gives an early indication of the extent to which it expects to use its power under Clause 17 of the Retained EU Law (Revocation and Reform) Bill as introduced, and of the likely volume and rate of flow of draft legislative reform orders, so …

Government response. The government discusses the Digital Markets, Competition and Consumers Bill and its benefits, but does not provide an early indication of the extent to which it expects to use its power under Clause 17 of the Retained EU Law (Revocation …
Department for Business and Trade
19 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

We believe that lower thresholds and higher penalties are necessary so that bigger businesses which...

We believe that lower thresholds and higher penalties are necessary so that bigger businesses which break the rules do not see financial penalties as a small business cost.

Government response. The government states its commitment to taking forward changes related to lower thresholds and higher penalties, and mentions that the Bill will be introduced in this Parliamentary session.
Department for Business and Trade
20 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

We are concerned that the Draft Digital Markets, Competition and Consumer Bill is yet to...

We are concerned that the Draft Digital Markets, Competition and Consumer Bill is yet to be published, not least because a period of pre-legislative scrutiny is envisaged, and we therefore call on Ministers to publish the draft bill as soon as possible.

Government response. The Government is committed to introducing the Digital Markets, Competition and Consumer Bill in this Parliamentary session.
Department for Business and Trade
21 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

We support the idea that there should be more accessible support for consumers across the...

We support the idea that there should be more accessible support for consumers across the UK. We encourage the development of ombudsman services, including in sectors not currently covered by an ombudsman, as an independent and trusted arbiter that consumers understand and can engage with.

Government response. The Government states that it is committed to taking forward changes, and that the Bill will be introduced in this Parliamentary session, regarding accessible support for consumers.
Department for Business and Trade
23 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

We believe that UK consumers are experiencing significant consumer detriment as a result of the...

We believe that UK consumers are experiencing significant consumer detriment as a result of the behaviour of a number of airlines. We agree with the Transport Committee that the CAA’s current powers are not adequate to protect consumers’ rights in the airline sector. (Paragraph 156) Post-pandemic economic growth: state aid …

Government response. The Government agrees that a well-functioning ADR system supports consumers and businesses, and is planning to improve the consistency and quality of ADR services by legislating to mandate accreditation of ADR providers and strengthening the monitoring framework.
Department for Business and Trade
24 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

We support the Transport Committee’s recommendations in its UK aviation: reform for take-off Report of...

We support the Transport Committee’s recommendations in its UK aviation: reform for take-off Report of the 2021–22 Session, on the need for the Civil Aviation Authority to have the power to impose financial penalties on airlines which fail to refund customers when required to do so by law. We recommend …

Government response. The Government has committed to reform the CMA's powers as a priority in the Digital Markets Competition and Consumer Bill. Government will keep the case for extending similar direct enforcement powers to sectoral regulators under review.
Department for Business and Trade
25 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

We acknowledge that the UK approach to digital markets regulation will be different to that...

We acknowledge that the UK approach to digital markets regulation will be different to that of the EU. However, we welcome EU efforts to increase competition and ensure a level playing field for all digital companies. We support updates to EU law that include designating gatekeepers, setting rules for firms, …

Government response. The government has committed to reform the CMA’s powers as a priority in the Digital Markets Competition and Consumer Bill. Government will keep the case for extending similar direct enforcement powers to sectoral regulators under review.
Department for Business and Trade
26 Conclusion Fourth Report - Post-pandemic economic … Acknowledged

We agree with the recommendations of the Joint Committee on the Online Safety Bill and...

We agree with the recommendations of the Joint Committee on the Online Safety Bill and the House of Lords Communications and Digital Committee, that the Digital Regulation Co-operation Forum (DRCF) should have a more formal status and clearer lines of accountability, given the increasingly important role it plays in decision …

Government response. The government states that the UK and EU approaches to digital competition both seek to tackle many of the same issues, but the UK regime will be more targeted and evidence-based. The government believes it is important that regulatory approaches …
Department for Business and Trade
27 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

However, we do believe that the Digital Regulation Co-operation Forum’s accountability arrangements need to be...

However, we do believe that the Digital Regulation Co-operation Forum’s accountability arrangements need to be updated. Until such time as these arrangements are formally agreed, the DRCF should proactively report to this Committee about the delivery of its objectives and any key decisions that it takes.

Government response. The government acknowledges the importance of the Digital Regulation Cooperation Forum (DRCF) and its role in digital regulation, welcomes steps taken to strengthen external engagement, but stops short of mandating that the DRCF proactively report to the Committee about the …
Department for Business and Trade
28 Recommendation Fourth Report - Post-pandemic economic … Acknowledged

There are clear examples of market dominance in digital markets globally which have been well...

There are clear examples of market dominance in digital markets globally which have been well documented. We heard from witnesses, and during our visit to the US, strong evidence of abuses of market dominance which warrant intervention. We encourage the CMA to investigate these instances closely and collaborate internationally to …

Government response. The government acknowledges the role of the Digital Regulation Cooperation Forum (DRCF) and welcomes their work, including publications and engagement with stakeholders. They will continue to work with the DRCF and parliamentarians.
Department for Business and Trade

Oral evidence sessions

6 sessions
Date Witnesses
26 Apr 2022 Alesha de Freitas · Department for Business, Energy and Industrial Strategy, Niall Mackenzie · Department for Business, Energy and Industrial Strategy, Paul Scully MP · Department for Business, Energy and Industrial Strategy, Rt Hon Lord Andrew Tyrie View ↗
1 Mar 2022 Matthew Upton · Citizens Advice, Matthew Vickers · Ombudsman Services, Rocio Concha · Which?, Steve Ruddy · Chartered Trading Standards Institute View ↗
1 Feb 2022 Andrea Coscelli · Competition and Markets Authority, Camilla de Coverly Veale · The Coalition for a Digital Economy, Dame Melanie Dawes · Ofcom, Neil Ross · techUK, Sunil Patel · PwC View ↗
30 Nov 2021 Isabel Taylor · Slaughter and May, James Webber · Shearman & Sterling LLP, Nicole Robins · Oxera, Professor Sir John Vickers · Oxford University View ↗
2 Nov 2021 George Peretz QC · Joint Working Party of UK Bars and Law Societies on Competition Law, John Penrose · Home Office View ↗
26 Oct 2021 George Peretz · Joint Working Party of UK Bars and Law Societies on Competition Law, John Penrose · Home Office, Professor Sir John Vickers · Oxford University View ↗

Correspondence

2 letters
DateDirectionTitle
21 Feb 2023 To cttee Letter from the Secretary of State for Energy Security and Net Zero relating to…
21 Feb 2023 To cttee Letter from the Chair to Secretary of State on state aid rules, 16 January 2023