Section 30(1) (g) of the Competition Act 2002 gives the Authority the function of "carrying on such activities as it considers appropriate" to inform the public about competition issues. Accordingly, the Authority has decided to publish its economic and legal reasoning concerning selected investigations it has decided to close either because it has found no breach of the Competition Act 2002 or settled the case. These publications are referred to as “enforcement decisions”.
The Authority selects investigations for its enforcement decisions that:
- demonstrate the Authority’s approach to a particular competition issue on which it has not previously opined;
- are of public interest (e.g. the investigation is in the public domain, the issue has been subject to considerable debate and discussion); and/or
- raise issues of interest or complexity.
The Authority hopes that publication of enforcement decisions will increase transparency and predictability in the enforcement of the Act, thus resulting in greater legal certainty and in a reduction in compliance costs for undertakings.