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Competition Commission publishes conflicts review

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The Competition Commission (CC) has today published the report of an independent review into the rules and practices relating to possible conflicts of interest among its members and staff.

The review, commissioned by the CC earlier this year, was conducted by three eminent experts: Brian Woods-Scawen (Chairman), Dame Barbara Mills and Sir Francis Jacobs. The CC’s Council recently considered the report and accepted the recommendations in full. The CC is implementing them immediately.

The Woods-Scawen report, published today at www.competition-commission.org.uk/our_role /analysis/evaluation_reports.htm, makes 17 recommendations on changes to the CC’s policies on conflicts and the way in which conflicts are handled. In a foreword to the report, Brian Woods-Scawen, writes:

The recommendations cover a more integrated statement of policy, greater clarity in the definition and identification of conflicts, enhanced communication and training for the Council, members and staff of the CC, clearer accountability for policy and implementation and stronger assurance arrangements.

CC Chairman, Peter Freeman said:

We have always taken extremely seriously the need to avoid actual or potential conflicts of interest. I am grateful to the authors of this report for giving us a clear way forward that will enable decision taking by inquiry groups with appropriate experience without the risk of conflicts of interest—particularly those which may arise once an inquiry is in progress.

We have accepted the report’s recommendations including the appointment of a compliance officer with responsibility for applying our conflict of interest policies.

We are starting to implement the report’s recommendations immediately. They will give the CC a tighter internal system for dealing with conflicts of interest but one which will also preserve its flexibility to judge individual cases on their merits and ensure that its members have the expertise and experience needed for the conduct of its inquiries.

The CC also announced today that Roland Green, the CC’s Chief Legal Adviser, will fill the post of Compliance Officer with immediate effect. New guidance on the policy and practice of the CC in relation to conflicts of interest, giving effect to the recommendations of the review report, will be published early in the New Year.

The review panel had decided to defer publication of its report until after the Court of Appeal judgment in the BAA case had been announced and assessed. On 13 October 2010, the Court of Appeal announced its decision to uphold the CC’s appeal and reinstate its findings in the BAA investigation, following an earlier judgment by the Competition Appeal Tribunal.

Source : Competition Commission Press Release

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