Standard of review for the CMA's DMU: will JR actually be quicker and more effective?
The Digital Markets, Competition and Consumers Bill hands the UK’s CMA’s Digital Markets Unit unprecedented discretion in how it administers the forthcoming digital markets regime. DMU decisions can be appealed to the UK’s Competition Appeal Tribunal only on judicial review grounds. This will make DMU decisions subject to a lower standard of judicial scrutiny than decisions taken by the CMA with its competition enforcement powers, which are subject to “merits review”. We examine whether judicial review is, in fact, faster and more effective than a merits review.