This policy enhances and facilitates the GCMA's enforcement actions against cartel conduct. It helps to uncover cartels that would otherwise go undetected and encourages firms that have been involved in anti-competitive behaviour to provide direct evidence and to cooperate proactively in relation to successful enforcement action.

In return, firms who fully and actively assist the GCMA in pursuing those purposes may benefit from immunity from, or a reduction in, financial penalties. Similarly, cooperating individuals receive protection from personal sanctions in the form of immunity from criminal prosecution.

This guidance covers the GCMA’s powers under section 42 of the Competition Act 2020 (the “Act”) to impose penalties on a person who fails to comply with a requirement imposed under sections 14, 15, 16, 17, 18 and 41 of the Act.

The GCMA’s approach relates to its investigations into the Chapter 1 and Chapter 2 prohibitions as set out in section 12 of the Act. These prohibitions deal with agreements between undertakings and the abuse of dominance respectively.

This guidance covers the GCMA’s approach to the variation and termination of merger and market final undertakings and orders.

Undertakings and orders are the primary means by which remedies are implemented following the determination of merger and market investigation references under the Competition Act 2020. Undertakings are accepted or orders imposed by the GCMA, except in certain public interest cases where the Minister for Business is responsible for accepting undertakings or imposing orders.

This guidance covers the GCMA’s approach to actual or potential breaches of final undertakings and orders put in place to address concerns identified in merger and market investigations under the Competition Act 2020.

Undertakings and orders are the primary means by which remedies are implemented following the final determination of merger and market investigation references.

These Merger Assessment Guidelines are designed to provide general information to companies and their advisers on the procedures used by the GCMA in operating the merger control regime set out in the Competition Act 2020 (the “Act”). In particular, the guidelines discuss the criteria that the GCMA applies to determine whether it has jurisdiction under the Act and the policies and procedures that the GCMA will use in discharging its functions.

Under section 191 of the Competition Act 2020, the GCMA may make a market investigation reference to its chair for the constitution of a group where it has reasonable grounds for suspecting that any feature, or combination of features, of a market in Gibraltar for goods or services prevents, restricts, or distorts competition in connection with the supply or acquisition of any goods or services in Gibraltar.

These guidelines will help businesses, its advisers and consumers to understand the grounds on which the GCMA may decide that a market investigation reference is justified.

The Competition Act 2020 (the “Act”) prohibits, in certain circumstances, conduct by one or more undertakings which amounts to an abuse of a dominant position. The prohibitions are set out in section 10 of the Act, otherwise known as the Chapter 2 prohibition.

These guidelines explain how the GCMA will carry out its powers under the Act, in assessing the conduct of dominant undertakings. It also specifies some of the factors which the GCMA considers are relevant in determining whether an undertaking is dominant and whether its behaviour will or may be regarded as abusive.

The guidelines are intended to be of assistance not only to those undertakings which are dominant in their market or markets, but also to their customers and other businesses.

These guidelines set out some of the circumstances in which the GCMA considers that agreements will or may be regarded as anti-competitive. It explains how the GCMA will operate its powers under the Competition Act 2020 when assessing agreements, decisions by associations of undertakings and concerted practices between undertakings. The guidelines are intended to be of assistance not only to those undertakings which are parties to an agreement, but also to their customers and other businesses.

In order to make the best use of our resources in terms of real outcomes for Gibraltar consumers, we need to ensure that we make appropriate decisions about which projects and programmes of work we undertake across all areas of our responsibility. In seeking to target both our resources and enforcement strategy, the GCMA needs to consider a range of factors including impact on consumers, strategic significance, risks and resources. These are our prioritisation principles.