Information on FCA's exercise of concurrent competition enforcement powers - July 2021

For each of the periods (i) 1 April 2015 to 31 March 2016; (ii) 1 April 2016 to 31 March 2017; (iii) 1 April 2017 to 31 March 2018; (iv) 1 April 2018 to 31 March 2019; (v) 1 April 2019 to 31 March 2020; (vi) 1 April 2020 to 31 March 2021; and (vii) 1 April 2021 to the date of the preparation of the response to this request, please provide (in each case in relation to the exercise of competition enforcement powers only):

(a) the number of 'advisory letters' the FCA issued; 
(b) the number of 'on notice letters' the FCA issued;
(c) the number of open enforcement investigations the FCA conducted;
(d) the number of Statement of Objections the FCA issued;
(e) the number of enforcement investigations the FCA closed (with or without action taken);
(f) the number of enforcement investigations the FCA closed with no action taken; and
(g) the number of enforcement investigations the FCA closed resulting in a financial penalty.

For each of the responses provided in response to parts 1(a) to 1(g) above, please provide a breakdown showing whether the applicable enforcement powers were exercised under:

(i) Chapter 1 of CA98;
(ii) Chapter 2 of CA98;
(iii) Article 101 of the Treaty on the Functioning of the European Union (TFEU); and/or
(iv) Article 102 of TFEU.

In considering our response, please note the following:

1. Definition of ‘investigation’ in points (c) and (e) - (g).  We have recorded cases that we have formally opened, i.e. where we have taken a decision that there are reasonable grounds for suspecting a competition law infringement under section 25 of CA98 and that we wish to prioritise the case.
2. Definition of ‘conducted’ in point (c).  We have interpreted this as any investigations that were open at any time during the specified period.  This means than an open investigation can be counted in more than one time period.  We have applied the definition of ‘investigation’ in 1. above. 
3. Categories of cases.  We have added categories of cases to ensure accuracy and avoid double-counting. 
4. We have completed the request for categories where there is a positive response.  In all other categories, there is a nil return. Please note that as from 1 January 2021, the FCA’s activities under CA98 relate solely to Chapters 1 and/or 2 CA98 (not Articles 101 and/or 102 TFEU).