CMA opens CA98 investigation

On 1 March 2022, the Competition and Markets Authority (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 CMA's Procedures in Competition Act cases.