In a regulated sector, a business can be investigated for the same conduct by its own regulator as well as by the Competition and Markets Authority. Ofcom, the Financial Conduct Authority, the Payment Systems Regulator and others can apply the prohibitions in the Competition Act 1998 within their sectors, in parallel with the CMA. For a business in telecoms, payments or another regulated market, the identity of the likely investigator shapes how a case is run.

The regulatory framework

A business must not enter an anti-competitive agreement (Chapter I, section 2) and, if dominant, must not abuse that position (Chapter II, section 18), under the Competition Act 1998. Ofcom, the Financial Conduct Authority, the Payment Systems Regulator, Ofgem, Ofwat and the other regulators named in section 54 of that Act may apply those prohibitions within their own sectors alongside the CMA. Schedule 10 makes the CMA’s functions exercisable concurrently by the energy, water, rail and Northern Ireland regulators, while Ofcom, the FCA and the PSR take their powers from their own statutes, and the Competition Act 1998 (Concurrency) Regulations 2014 give the arrangement its detail.

Each regulator takes its competition power from its own enabling statute and can use it only in its own sector. Ofcom’s power runs to activities connected with communications matters (Communications Act 2003, section 371). The Payment Systems Regulator’s power runs to participation in payment systems (Financial Services (Banking Reform) Act 2013, section 61). The Financial Conduct Authority’s power runs to the provision of financial services in the UK and to the provision of claims management services in Great Britain (Financial Services and Markets Act 2000, section 234J). Where conduct straddles more than one regulated market, the authorities must decide between themselves which of them acts.

The regulator likely to investigate a regulated business

The sector in which the conduct occurs decides which authority investigates. The table below sets out the principal concurrent regulators most relevant to our clients and the statutory basis for their powers.

Sector	Concurrent regulator	Scope of the competition power
Communications	Ofcom	Activities connected with communications matters
Financial services	Financial Conduct Authority	The provision of financial services in the UK and of claims management services in Great Britain
Payment systems	Payment Systems Regulator	Participation in payment systems
Energy and water	Ofgem and Ofwat	Their respective regulated sectors
All sectors	Competition and Markets Authority	General competition authority, with an override power

Allocation of a case between the CMA and a sector regulator

Where an authority proposes to exercise a prescribed function and considers that another may have concurrent jurisdiction, regulation 4 of the Concurrency Regulations 2014 requires it to inform that other authority in writing. The authorities with jurisdiction must then agree which of them is to act, and the CMA informs the others in writing of the agreed allocation. Where they cannot agree within a reasonable time, regulation 5 requires the CMA to determine the allocation, after considering written representations and within 10 working days of notifying its intention to do so.

At paragraph 3.22 of its guidance on the concurrent application of competition law to regulated industries (CMA10, March 2014), the CMA lists the factors that determine which authority is better or best placed to act. They include the sectoral knowledge of the regulator and of the CMA, whether the case affects more than one regulated sector or a sector outside the concurrency arrangements, previous contacts with the parties or complainants, experience of the undertakings involved and of similar issues, whether the CMA considers it necessary to act in order to develop UK competition policy or to provide greater deterrent and precedent effect, and whether allocating the case to one authority with the other’s support would give the best combination of competition and sector expertise. The CMA also holds a backstop power to take a case from a sector regulator where doing so would better promote competition for the benefit of consumers. Before doing so it must consult the regulator, notify the parties and consider their representations, and it may not take a case once the regulator has given notice under section 31(1) of the Competition Act 1998 that it proposes to make a decision. The regulators coordinate through the UK Competition Network.

Why concurrency matters for your business

A business that knows which authority is likely to act can manage its competition risk accordingly. A sector regulator brings deep knowledge of the market and often an existing supervisory relationship, which affects both the likelihood of an investigation and the way it is conducted. The Competition Act investigations the Financial Conduct Authority opened in March 2026 are a live example of a sector regulator using its concurrent competition powers, and are directly relevant to clients in the payments sector. The FCA confirmed in May 2026 that it is investigating Mastercard, PayPal and Visa under the Chapter I prohibition, and Mastercard and Visa under the Chapter II prohibition, over suspected anti-competitive conduct linked to the funding and usage of PayPal’s digital wallet. The FCA is gathering evidence, has reached no conclusions and has made no findings.

Concurrency also interacts with the newer digital markets regime: the CMA can impose conduct requirements on a firm under the DMCC Act 2024 while a sector regulator investigates the same firm under the Competition Act 1998 for related conduct. On a transaction in a regulated sector, a buyer should assess whether the target’s conduct could attract concurrent enforcement, alongside merger control and national security screening. A buyer that identifies the exposure before signing can deal with it through diligence, warranties or engagement with the regulator.

How we work

Bratby Law acts as direct legal advisors on a specific question, as specialist co-counsel alongside a competition or corporate team, and as fractional general counsel on a retained basis. Rob Bratby currently holds four fractional General Counsel appointments, at The One Touch Switching Company, TelXL, Core Communication and the UK Payments Initiative. A one-year secondment to Oftel adds first-hand experience of how a regulator approaches enforcement. Where the same facts raise personal data questions, the data protection analysis runs alongside.

Frequently asked questions about concurrent competition powers

What are concurrent competition powers?

A sector regulator that holds concurrent powers may apply the Competition Act 1998 prohibitions within its own sector, in parallel with the CMA. Section 54 of the Act names those regulators, Schedule 10 and the Concurrency Regulations 2014 give the arrangement its detail, and each regulator takes its competition power from its own enabling statute.

Can two authorities investigate the same conduct?

Only one authority takes a given case. The Concurrency Regulations require the authorities with jurisdiction to agree which of them is to act, and the CMA then informs the others in writing of the allocation. Where they cannot agree within a reasonable time, the CMA determines the allocation under regulation 5. The CMA can also take a case from a sector regulator in defined circumstances where that would better promote competition for consumers.

Does my sector regulator really enforce competition law?

Yes, though the intensity varies. Eight sector regulators hold concurrent powers: Ofcom, the FCA, the PSR, Ofgem, Ofwat, the Civil Aviation Authority, the Office of Rail and Road and the Northern Ireland Authority for Utility Regulation. Activity has historically been concentrated in a few regulators, but the Chapter I and Chapter II investigations the FCA opened in March 2026, over conduct linked to the funding and usage of PayPal’s digital wallet, show sector regulators using these powers in areas of current concern. No findings have been made.

How does this interact with the digital markets regime?

They are separate but overlapping. A firm could be subject to conduct requirements under the DMCC Act 2024, enforced by the CMA, and at the same time exposed to concurrent Competition Act enforcement by a sector regulator for related conduct. The regimes are legally distinct, and a firm in that position must assess both.

Does concurrency change how I should approach a transaction?

Yes. On an acquisition in a regulated sector, a buyer should assess whether the target’s conduct could attract concurrent Competition Act enforcement by the sector regulator or the CMA, in addition to merger control under the Enterprise Act 2002 and national security screening under the National Security and Investment Act 2021. These are separate analyses with different triggers and timelines. Identifying the competition exposure early, and the authority most likely to act, allows it to be managed through diligence, warranties and, where needed, engagement with the regulator before completion.

What is the UK Competition Network?

The UK Competition Network is the body through which the CMA and the concurrent sector regulators share information and align their approach to competition enforcement. It does not decide individual cases, but it supports a consistent approach across the regulated sectors and the sharing of best practice and know-how between its members. Case allocation is governed by the Concurrency Regulations 2014 rather than by the network. The CMA and the sector regulators use it to coordinate on competition issues that cross sector boundaries.

Related digital regulation pages

The other digital regulation pages on this site:

Digital Regulation
SMS Designation and Conduct Requirements
Pro-Competition Interventions
Market Investigations and Studies
Merger Control in Digital Markets
Competition Enforcement and Litigation
EU Digital Markets Act Compliance

Also see

Concurrency questions arise alongside Telecoms Regulation, Payments Regulation and Data Protection. For commentary on current developments, see our Insights.