CMA update: CA98 investigation

CMA update: CA98 investigation

On 7 March 2023, the Competition and Markets Authority (CMA) launched an investigation under Chapter I of the Competition Act 1998 (CA98) into suspected breaches of competition law. The investigation concerns suspected anti-competitive conduct in relation to the supply of fragrances and fragrance ingredients for use in the manufacture of consumer products such as household and personal care products.

In January 2024, the CMA extended the investigation to include suspected unlawful coordination by Firmenich International SA, Givaudan SA and International Flavours & Fragrances Inc involving reciprocal arrangements relating to the hiring or recruitment of certain staff involved in the supply of fragrances and/or fragrance ingredients.

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.