Competition Markets Authority
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This Statement provides over-arching guidance which aims to set out the CMAs policy and approach to transparency and disclosure at a high level. In brief, this Statement provides an overview of:
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the aims of the CMA in relation to transparency, information requests and handling of information
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the CMAs approach to transparency when involved in cases and projects
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the CMAs approach to gathering information from and disclosing information to parties
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the CMAs approach when considering whether to disclose information to other UK public authorities
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the CMAs approach when cooperating with overseas public authorities
It also notes the CMAs obligations regarding the protection and disclosure of information under the Enterprise Act 2002, Competition Act 1998, Subsidy Control Act 2022, Digital Markets Competition and Consumers Act 2024 (DMCCA), Freedom of Information Act 2000 and data protection legislation, in particular the UK General Data Protection Regulation and the Data Protection Act 2018.
This Statement at paragraphs 7.29 to 7.57 incorporates the CMAs guidance about the making and consideration of requests for investigative assistance by overseas public authorities under Part 5 of DMCCA and the provision of such assistance (OIA Guidance). The CMA must have regard to the OIA Guidance when exercising its overseas investigative assistance functions under Part 5 of the DMCCA. The OIA Guidance was approved by the Secretary of State for Business and Trade in December 2024.