Competition and Markets Authority, Panel Members,
Applicant pack
March, 2017
Vacancy Description
The Organisation:
The CMA is the UK’s lead competition and consumer protection authority. The CMA’s role is to promote competition, both within and outside the UK, for the benefit of consumers. The CMA is a non-Ministerial Department accountable directly to Parliament. Further information about the CMA can be found at https://www.gov.uk/government/organisations/competition-and-markets-authority
The CMA’s main functions include:
- investigating mergers: the CMA investigates mergers which could substantially reduce competition. Where initial consideration of a merger raises concerns, it is subject to more detailed scrutiny (Phase 2 investigation);
- investigating markets: the CMA conducts both shorter market studies and fuller market investigations to assess particular markets that give rise to competition or consumer concerns. The CMA has powers to require remedial action and/or to make recommendations;
- anti-trust enforcement: the CMA investigates individual or groups of undertakings to determine whether they are in breach of UK (and EU) prohibitions;
- criminal cartels: the CMA brings criminal proceedings against individuals who commit criminal cartel offences;
- regulatory references and appeals: the CMA determines references and appeals made by sector regulators and regulated entities in, inter alia, energy, water, rail, airports, telecoms and posts;
- consumer protection: the CMA has powers to enforce consumer protection law and to bring criminal prosecutions;
- concurrent powers with sector regulators: the CMA works closely with sector regulators in their use of concurrent competition powers.
The CMA Panel:
Members of the CMA Panel are appointed by the Secretary of State. Panel Members are the decision-makers for some of the CMA’s statutory functions under the Competition Act 1998, the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013, namely:
- phase 2 merger inquiries;
- market investigations; and
- regulatory references and appeals.
Each of these Inquiries is conducted by a small Group, of between 3 and 5 Panel Members, and chaired by an Inquiry Chair (also a member of the Panel). Each Group usually comprises one economist, one lawyer and a member with accountancy/business/public policy skills. Groups are assisted by a team of CMA staff, led by a Project Director.
Panel Members may also be appointed to Case Decision Groups responsible for deciding on anti-trust and cartel enforcement cases. Two Panel Members also sit on the CMA’s Board.
Personal Specification:
- The CMA is seeking candidates who have had senior level experience (for example Board level or equivalent) in competition policy and law, consumer law and policy, economics, accountancy, business, public policy and/or regulation.
Panel Members are not required to be competition experts but should have recent expertise relevant to competition and have a broad perspective on consumer, business, and economic matters. A programme of tailored professional development training is offered while Members are expected to keep up to date in their area of expertise. Members must be independent and not represent particular interest groups.
The CMA is keen to get a breadth of experience and people from different personal and professional backgrounds to help decide the wide range of cases the CMA considers. We would welcome candidates from all countries and regions of the United Kingdom to reflect the UK-wide scope of the CMA’s work and applications from women and other under-represented groups. All candidates will need to demonstrate the required knowledge and experience and meet the selection criteria.
Candidates should be able to demonstrate the following:
- recent expertise relevant to competition and a broad perspective on business, consumer and economic matters;
- the ability to think strategically, to offer direction on the analysis conducted by the staff team, and questioning skills to probe the positions of both staff and Parties;
- the ability to assimilate detailed information (often large quantities thereof) and to assess and analyse complex economic, regulatory and legal arguments from a competition standpoint;
- to serve on the specialist Newspaper, Communications and Utilities Panels, appointees will need to have the appropriate experience and skills in the relevant sector.
- strong team-working and interpersonal skills, to work collaboratively with other Group members and staff to explore the issues with the aim of reaching collective agreement on the questions the CMA is required to decide;
- the ability to work to tight timescales in considering evidence, offering consistency and logical analysis to reach fair judgments based on sound reasoning.
The Role:
Panel Members must make soundly-based and fair decisions backed up by well-argued reports. In their decision-taking Groups are independent of the CMA Board. However Panel Members are part of the CMA and in carrying out their statutory roles are expected to take account of applicable CMA Rules and Guidance, and the CMA Code of Conduct for Panel Members.
In reaching decisions on competition issues in each inquiry, Panel Members of each Group must work collaboratively with other Panel Members and staff as a team to:
- assess relevant evidence, both oral and written, from interested parties;
- contribute to the Group’s effective in-depth discussion of the issues;
- use their skills and experience to analyse complex commercial, economic and financial information; and
- use their judgment to help the Group reach soundly-based and fair decisions, where possible by consensus, on the questions required by law.
Collectively the Group is responsible for the decisions. Panel Members should be able to debate thoroughly a point of view but also be able to climb down gracefully in the face of better arguments. While a Panel Member may dissent, agreement is desirable and dissent should only be pursued to the final stage if a Panel Member genuinely feels on reasonable grounds, and based on the evidence, an alternative outcome is more appropriate.
In performing their functions, Panel Members must maintain the highest standards of integrity, impartiality and objectivity at all times.
Members also have the opportunity to contribute to CMA thinking and are encouraged to take an active part in CMA seminars and gatherings.
Inquiry Chairs:
There is likely to be an opportunity in the coming months to apply for selection, by a competitive process, as an Inquiry Chair. Inquiry Chairs chair Phase 2 merger inquiries, market investigations, and regulatory references and appeals. They may also chair Case Decision Groups which decide on anti-trust and cartel enforcement cases.
Inquiry Chairs are salaried posts and Chairs are expected to commit to around four, but no less than three, days a week for the period of their appointment. In addition to the skills required of Panel Members, Inquiry Chairs will also need to demonstrate skills and experience to chair, set the direction, and ensure delivery, of an inquiry.
Terms of Appointment:
Members will be appointed for a period of up to 6 years. Successful candidates will take up their appointment at a mutually agreed date although it is hoped that the first new Members will be able to take up their role in summer 2017.
Members will be asked to work on an ad hoc basis according to the caseload and their own availability. There will be times when a Member’s work is quite intensive (much more so than being a NED on a Board) and other periods when a Member may have to wait for a new inquiry.
When appointed to an inquiry, Members will usually be asked to work up to 2 days a week for the length of an inquiry. Merger inquiries are usually completed within 24weeks; regulatory appeals normally take six months, whereas market investigations usually take around 18 months.
In addition, Members are also expected to attend seminars of all Panel Members (usually 5 a year), and a periodic appraisal conducted by the Chair of the CMA/Chair of the Panel.
Panel Members are paid a per diem rate of £400.00. Costs incurred on casework, including travel to/from the CMA, are reimbursed in accordance with the CMA’s travel policy.
BEIS offers professional training courses on public sector finance and governance for those new to the public sector.
Selection Process:
Closing date: 23 June 2017
Shortlist panel meeting: July
Panel interviews: July, taking place in BEIS, 1 Victoria Street, SW1H 0ET
The selection panel’s membership is planned to be:
Panel 1
· Panel Chair: Lord Currie, Chair of the Competition and Markets Authority.
· BEIS representative: Chris Blairs, Deputy Director for Consumer and Competition Policy as the BEIS Representative.
· Independent panel member: Rolande Anderson
Panel 2
· Panel Chair: Anne Lambert, Competition and Markets Authority Panel Chair and CMA Board Non-executive Director
· BEIS representative: Tim Jarvis, Director for Consumer and Competition Policy Directorate as the BEIS Representative
· Independent panel member: Laura Carstensen
How to Apply
The closing date for applications is 23 June 2017.
Late applications will not be accepted.
Please submit the following documents by email to
· A Covering Letter ☐
· A CV ☐
· Candidate Application Form ☐
Please ensure that you include Competition and Markets Authority- Panel Members in the subject box.
Alternatively, you can send your application in hard copy to:
Public Appointments Team, 7th Floor, Spur 2, 1 Victoria Street, London, SW1H OET
Applicant packs can be provided in other formats upon request.
Conflicts of Interest
If you or a family member have any personal or business interest or potential conflict of interest with the activities of the Body you will be expected to declare this.
Any conflict will not prevent you going forward to interview, but may be explored with you during the selection process.
You will also be required to uphold the standards of conduct established by the Committee of Standards in Public Life, also known as the Nolan Principles (please see last page).
Diversity and Equal Opportunities
The Department for Business, Energy and Industrial Strategy is committed to the principle of public appointments on merit with independent assessment, openness and fairness of process and to providing equal opportunities for all.
BEIS works with Government Departments to ensure they have the capacity to attract the widest field of candidates and to make the best possible appointments.
All applicants are asked to complete an anonymised Diversity Monitoring Form used for data gathering information only in order to ensure Departments are recruiting from the widest possible pool.
Making a Complaint
If you feel your application has not been treated fairly and you wish to make a complaint, you should initially send an email to:
Candidate Application Form
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Any potential or actual conflicts of interest detailed here will not prevent you going forward to interview but may, if appropriate, be explored with you during your interview to establish how you would address the issue(s) should you be successful in your application. If there are no potential conflicts of interest, please write ‘none’.
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The Seven Principles of Public Life
In 1995, the Committee on Standards in Public Life defined seven principles which should underpin the actions of all who serve the public in any way.
Consistent with the Commissioner’s Code of Practice, applicants will be assessed on merit, and all candidates for public appointment will need to uphold the standards of conduct set out in the Seven Principles of Public Life. These will be tested as part of the selection process and the selection Panel must satisfy itself that all candidates for appointments can meet these standards; which are:
Selflessness
Holders of Public Office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or other friends.
Integrity
Holders of Public Office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
Objectivity
Carrying out Public Office business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
Accountability
Holders of Public Office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
Openness
Holders of Public Office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.