In regulated sectors, competition law is enforced not only by the Competition and Markets Authority but also by the sector regulators, which hold concurrent powers. 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, this shapes who is likely to investigate its conduct and how a case is handled. We advise regulated businesses on where competition risk sits, which authority is likely to act, and how the concurrency framework operates.

The regulatory framework

The Competition Act 1998 contains the two central prohibitions: the Chapter I prohibition of anti-competitive agreements (section 2) and the Chapter II prohibition of abuse of a dominant position (section 18). The concurrency arrangement, set out in section 54 and Schedule 10 of that Act and given detail by the Competition Act 1998 (Concurrency) Regulations 2014, allows sector regulators to exercise these powers within their own sectors alongside the CMA.

Each regulator’s competition power is conferred by its own enabling statute and is limited to its sector. Ofcom’s power runs to commercial 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). The Financial Conduct Authority’s power runs to the provision of financial services (Financial Services and Markets Act 2000). Those hard sector limits matter when conduct straddles more than one regulated market, because that is when the question of who should act becomes live.

Which regulator would investigate my business?

That depends on the sector in which the conduct sits. 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	Commercial activities connected with communications matters
Financial services	Financial Conduct Authority	The provision of financial services
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

How is it decided which authority takes a case?

The Concurrency Regulations 2014 set out an allocation procedure. Whichever authority first identifies a case notifies the others with competence, they agree who is best placed to act, and the CMA confirms the allocation. The CMA’s guidance on concurrent application of competition law (CMA10) sets out the best-placed-regulator criteria, which turn on sector expertise, existing relationships and the nature of the conduct. 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, subject to consultation and to a cut-off once the investigation has advanced. The regulators coordinate through the UK Competition Network.

Why concurrency matters for your business

Knowing which authority is likely to act changes how a business manages competition risk. 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 Financial Conduct Authority’s investigation into digital payment wallets is a live example of a sector regulator using its concurrent competition powers, and it is directly relevant to clients in the payments sector. Concurrency also interacts with the newer digital markets regime: a firm could face conduct requirements enforced by the CMA under the DMCC Act 2024 while also being exposed to concurrent Competition Act enforcement by a sector regulator for related conduct. And 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. Mapping that exposure early is central to sound regulatory and transactional advice.

How we work

We work with clients in three ways: as direct legal advisers 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, giving direct insight into how sector regulators engage with the businesses they oversee. A one-year secondment to Oftel adds first-hand experience of how a regulator approaches enforcement. Where a matter involves personal data, we address it through our data protection practice.

Frequently asked questions about concurrent competition powers

What are concurrent competition powers?

They are the powers that let sector regulators apply the Competition Act 1998 prohibitions within their sectors, in parallel with the CMA. The arrangement is set out in section 54 and Schedule 10 of the Act and the Concurrency Regulations 2014, with each regulator’s power conferred by its own enabling statute.

Can two authorities investigate the same conduct?

Only one authority takes a given case. The Concurrency Regulations require the competent authorities to agree which of them is best placed to act, with the CMA confirming the allocation. 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. Ofcom, the FCA, the PSR, Ofgem and Ofwat all hold concurrent powers. Activity has historically been concentrated in a few regulators, but the FCA’s investigation into digital payment wallets shows sector regulators using these powers in areas of current concern.

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 need to be assessed together.

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 consistent application of the Competition Act 1998 across regulated sectors and underpins the case-allocation process. For a regulated business, it explains why the CMA and sector regulators tend to take a coordinated rather than a fragmented approach to competition issues that cross sector boundaries.

Also see

Explore our related Digital Regulation pages on SMS Designation and Conduct Requirements, Competition Enforcement and Litigation, Market Investigations and Studies and Merger Control in Digital Markets, or return to the Digital Regulation hub. The regime intersects with our work in Telecoms Regulation, Payments Regulation and Data Protection. For commentary on current developments, see our Insights.