Competition Markets Authority
Case reference: 51111
Case timetable
| Date | Action |
|---|---|
| 7 December 2022 | Provisional decision: The CMA has provisionally decided to close its investigation, on the basis that there are no grounds for action |
| December 2022 (estimate) | Decision on whether to proceed with the case |
| September 2022 to December 2022 | Initial Investigation ongoing |
| March 2022 to September 2022 | Initial investigation: information gathering, including issuance of information requests. CMA analysis and review of information gathered |
Change log
The following changes have been made to the case timetable since it was first published in March 2022:
| Date of change | Reason for change | Change made to timetable |
|---|---|---|
| 7 December 2022 | Provisional decision | The CMA has provisionally decided to close its investigation, on the basis that there are no grounds for action |
| 18 October 2022 | Additional time needed for initial investigation | Period of initial investigation extended from September 2022 until December 2022. Date for decision on whether to proceed with the case changed from September 2022 to December 2022 (estimate) |
Provisional decision to close the investigation
The Competition and Markets Authority (CMA) has provisionally decided to close its investigation into suspected anticompetitive conduct in connection with the ongoing procurement processes run by the UK Government (the Home Office) for contracts to supply services at Heathrow and Derwentside Immigration Removal Centres (the HIRC & DIRC Procurement Processes), on the basis that there are no grounds for action.
The CMAs investigation into the conduct of Mitie Group plc, Mitie Care and Custody Ltd (Mitie) and PAE Incorporated (or any other legal entity forming part of those undertakings) (PAE) (together the Parties), was prompted by information received by the CMA which led to a reasonable suspicion that the Parties had infringed competition law when PAE withdrew from the HIRC & DIRC Procurement Processes. Following an extensive investigation, the CMA has provisionally decided that the balance of the evidence obtained indicates that PAEs decision to withdraw from the HIRC & DIRC Procurement Processes was unilateral, and not the result of an anticompetitive agreement or concerted practice with Mitie.
The Parties and the Home Office will now have the opportunity to consider the CMAs provisional decision and to respond to it. No conclusion should be drawn about whether or not there has been an infringement of competition law until the CMA has made a final decision. The CMA will carefully consider any responses it receives and will announce its final decision on whether to close the case in due course.
Case information
On 1 March 2022, the CMA launched an investigation into suspected anti-competitive conduct in connection with the ongoing procurement processes run by the UK Government (Home Office) for the contracts to supply certain services at Heathrow and Derwentside Immigration Removal Centres in the UK (the HIRC & DIRC Procurement Processes), which may infringe Chapter I of the Competition Act 1998 (CA98).
The CMA is investigating whether there have been breaches of competition law by Mitie Group plc, Mitie Care and Custody Ltd and PAE Incorporated (or any other legal entity forming part of those undertakings), in connection with the HIRC & DIRC Procurement Processes.
No assumption should be made at this stage that the CA98 has been infringed. The CMA has not reached a view as to whether there is sufficient evidence of an infringement of competition law for it to issue a statement of objections to any of the parties under investigation. Not all cases result in the CMA issuing a statement of objections.
If the CMA issues a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations, before it makes a final decision. See here for further detail of the CMAs Procedures in Competition Act cases.
Personal data
The CMA may collect, use and share personal data for its investigations, including investigations under the Competition Act 1998. This includes processing personal data for the purposes of the General Data Protection Regulation and the Data Protection Act 2018.
For more information about how the CMA handles personal information, please see the CMAs Personal Information Charter.
Contact
-
Assistant project director: Anish Narendran (anish.narendran@cma.gov.uk)
-
Project director: Christiane Williams (christiane.williams@cma.gov.uk)
-
Senior responsible officer: Juliette Enser (juliette.enser@cma.gov.uk)