Analysis Group

Membership and attendance

1. Membership of the Analysis Group (AG) consists of:

• The Chairman of the Competition Commission (CC);
• The Deputy Chairmen of the CC; and
• At least two other CC Members.

2. The following staff (or where relevant their nominees) will also normally attend:

• Chief Executive;
• Chief Economist;
• Chief Legal Adviser;
• Senior Inquiry Director;
• Chief Business Adviser;
• A member of the economics team will act as Group secretary; and
• A member of the CC Secretariat to act as administrative support to the secretary.

3. Additionally:
• Any other staff and CC members may be invited to attend a meeting as required to provide advice, guidance and support; and
• Any member of the Senior Team may request to be invited to any meeting by notifying the secretary beforehand.

4. Responsibilty for the operational support for AG lies with the CC's Chief Economist.

Appointments

5. Members of AG are appointed by the CC’s Chairman. The Chairman will designate one of the members of AG as its Chair.

6. Appointments last for three years.

Reporting

7. The activities of AG are reported to Council through the Chief Executive’s report or, where necessary, through other ad hoc reports.

Meetings

8. AG will meet approximately every three months unless otherwise agreed.

AG’s responsibilities

9. AG oversees the CC’s role in analysing the effects on competition of mergers in merger references, and features in markets during Market Investigations, ensuring that the CC’s expertise and guidance is appropriately developed and applied. AG does so by:
a) Evaluating inquiry outcomes: AG reviews appropriate learning points on analysis, including appropriate points highlighted at the end of inquiry review meeting. In addition AG oversees an ongoing programme of ex post evaluation of inquiries and reviews relevant research.
b) Developing analytical policy: AG oversees the development of policy and guidance on the CC’s approach to analysing mergers and market investigations, prior to adoption or publication by the Council or Chairman of the CC where appropriate.

10. AG may not assess or comment on current inquiries unless requested to do so by the relevant Inquiry Group.

AG’s statutory duties

11. Under Schedule 7 to the Competition Act 1998 the Council has responsibility for determining the CC’s published general advice and information about the consideration by the CC of merger and market references and in relation to any matter connected with the exercise of its functions including improving the quality of the CC’s (non-remedies) decision-making. AG supports the CC’s Council in discharging this responsibility.

Procedures

12. Subject to paragraphs 13 and 14 below AG may determine its own procedures.

13. The operational procedures for AG will be as follows:

• If the designated Chair is not present, the longest-serving Deputy Chairman is the Chair; if no Deputy Chairman is present, the longest-serving member of the CC who is a member of AG is the Chair;
• A forward programme of scheduled meetings will be established which will be supplemented, as necessary, with meetings convened at shorter notice by the secretary with the agreement of the Chair;
• Unless otherwise agreed by the Chair in the specific circumstances of a proposed meeting, at least five clear working days’ notice of a meeting shall be given to each member;
• An agenda and papers shall be circulated by the secretary to the members and staff attendees of AG and the Senior Team prior to each meeting;
• Decisions of AG shall be taken by simple majority of the members, each of those who are entitled to vote having one vote. Only members present or deemed to be present may vote;
• In the case of equality of votes, the Chair has the casting vote;
• Members may attend meetings by using a telephone or video conferencing facility. Members so attending shall be deemed to be present;
• Any member of the Senior Team can submit papers concerning the CC’s approach to analysing inquiries to the secretary. Consideration of these will be at the discretion of the Chair;
• At each meeting the Chief Economist will report back on activity in the areas over which AG has oversight, listed in paragraph 9;
• Minutes of meetings shall be prepared by the secretary and considered for approval at the following meeting of AG. Approval of the minutes is not required prior to the taking of any action authorised to be taken at the meeting to which the minutes relate;
• Agendas and minutes will be made available via Landscape;
• A registered file copy of all reports, agendas and minutes will be retained in the CC’s Electronic Document and Records Management (EDRM) system;
• The quorum for meetings will be 3 members.

Conflicts of interest

14. Members of AG will:

• have regard to the policy of the CC on conflicts of interest, which can be found in the guidance on outside interests (CC Guidance on outside interests) on the CC website;
• review before each meeting whether there are any interests which may conflict with their duties as members of AG and if so disclose them to secretary of AG and, where appropriate, to the CC planning team;
• be asked by the Chair of AG at each meeting to confirm they have carried out such a review and made such disclosure;
• not participate in any activity of AG in relation to which they believe they have a conflict or possible conflict of interest without the consent of the Chair of AG.

September 2011

Other relevant webpages

Analysis Publications

Merger Assesment Guidelines

CC Review of Market Investigation References Guidelines (CC3)