Deputy Chairs of the CMA Panel Appointments

Competition & Markets Authority

Appointments Brief

Department for Business, Innovation and Skills 1 Victoria Street London SW1H 0ET

+44 (0)20 7215 5000 www.bis.gsi.gov.uk Contents

 Background to the creation of the Competition and Markets Authority

 The Competition and Markets Authority

 Role and Person specification

 How to Apply

 Appointment Process

 The Seven Principles of Public Life

 Candidate Summary Form including Potential or Actual Conflicts of Interest

 Equal Opportunities Monitoring Form

 Political Activity Questionnaire

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 2 Background

Last year the Government announced its plans for the creation of a new Competition and Markets Authority (CMA) that brings together the Competition Commission (CC) with the competition and important consumer functions of the Office of Fair Trading (OFT).

The Enterprise and Regulatory Reform Act establishing the CMA received Royal Assent in April 2013.

The UK’s current competition regime has a strong reputation, both at home and abroad, however there are opportunities for improvement. The Government considers that combining the best of the OFT and CC, including the professional skills and expertise of their staff, to form a single, unified Authority will bring about a number of key benefits.

These include:

 The creation of a vibrant organisation that embodies both new elements and the best of the two legacy bodies;  Greater coherence and a more streamlined approach in decision making, through strong oversight of the end-to-end case management processes.  The deployment of resources in a more effective and flexible way to the different parts of its work  Faster, less burdensome processes for business  A single strong centre of competition expertise, which can provide leadership for the sector regulators on competition enforcement, and a single authoritative voice for the UK internationally on consumer and competition issues  Enhanced cooperation with bodies involved in consumer protection.

The CMA

The CMA was formally launched in shadow form on 1st October 2013. (You can view the launch Press Notice here: https://www.gov.uk/government/news/new-competition-authority- comes-into-existence )

The CMA will be funded by HM Treasury (HMT), establishing separation from the Department for Business, Innovation and Skills’ (BIS) responsibility for competition policy. HMT and BIS will be jointly responsible for setting the performance framework.

To ensure transparency and independence, the CMA will be constituted as a Non-Ministerial Department (NMD) accountable directly to Parliament. The CMA Accounting Officer will be directly accountable to the Public Accounts Committee.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 3 Every three years the Government will consult on, and publish, a high level strategic steer for the CMA to have regard to. The steer will outline the long term goals of the Government in relation to competition and growth, and provide the CMA with an open and transparent statement on which to reflect, but not be bound by. The steer in no way seeks to reduce the independence of the CMA in relation to its decisions. As an NMD the CMA will be free to prioritise its own resources and annual plans of activity. (You can read the speech delivered by Alex Chisholm, CEO CMA, on 1 October about the CMA’s mission and strategy at https://www.gov.uk/government/speeches/cma-mission-and-strategy) The CMA’s key functions The CMA will have responsibility to promote effective competition in markets across the UK economy and have a crucial and complementary consumer protection role. It will provide essential services to business and consumers, operating with flexibility, speed and transparancy. The main scope of its activity will be operating the antitrust, mergers and markets regimes; providing advice and guidance to business to help them understand and comply with competition law; consumer protection; and assessing challenges to sector regulators’ decisions and resolving disputes relating to licence and price modification proposals.

Consumer protection and competition law work together - effective competition empowers consumers, and well-informed and protected consumers make competition more effective. In looking at competition issues, the CMA will have regard to both the supply side and demand side. In this context, the CMA will have the power to tackle practices and market conditions that make it difficult for consumers to exercise choice in an otherwise competitive market. CMA set up The CMA was legally established on 1st October 2013 and will become fully functional in April 2014.

Lord (David) Currie has been appointed as the CMA Chair and Alex Chisholm has been appointed as the CMA Chief Executive. A high calibre team of Non-Executive Directors (NEDs) was announced on 15 July (see details here: https://www.gov.uk/government/news/plans-for-stronger-competition-regime-announced). The the first group of CMA panel members were confirmed on 1st October.

We now wish to recruit for up to four CMA Panel Deputy Chair roles. The successful candidates for these roles will take up their posts early in the New Year 2014.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 4 Role and Person Specification The role

The CMA is seeking to appoint up to four suitably skilled and experienced people to act as Deputy Chairs of the CMA Panel, and who are available to commit around four, but no less than three days a week for the period of their appointment.

The successful applicants will work closely with the Chair of the CMA Panel (Roger Witcomb, currently Chairman of the Competition Commission) and the three previously appointed Deputy Chairs (Professor Martin Cave, Simon Polito and Professor Alasdair Smith) chairing:

 merger and market inquiries referred for Phase 2 investigation by the CMA Board, as set out in the Competition Act 1998, the Enterprise Act 2002 and as amended by the Enterprise and Regulatory Reform Act 2013; and

 regulatory appeals and references in relation to price controls, terms of licences or other regulatory arrangements under sector specific legislation (gas, electricity, water, post, communications, aviation, rail and health).

The CMA Board will be responsible for all Phase 1 decisions on mergers and markets cases.

Phase 1 investigations are currently carried out by the OFT. The OFT actively investigates markets that do not appear to be meeting the needs of consumers and publishes the results. Some studies will be in response to super-complaints, a route for designated consumer bodies to bring complaints to the attention of the OFT. Where the study determines there is a competition issue that warrants further scrutiny the case will be referred to Phase 2 for a more in-depth investigation. Under the current regime Phase 2 investigations are conducted by the Competition Commission. The OFT also obtains and reviews information relating to merger situations and, where necessary, refers any relevant mergers to the Competition Commission for further investigation if it is felt that it will lead to a substantial lessening of competition within any market for goods or services in the UK.

Each Phase 2 CMA inquiry will be conducted by a small independent decision making group, usually of four or five members, appointed by the CMA Panel Chair. The group will not be influenced either internally by the CMA’s Board or externally by Government. All members of the CMA Panel must by law be independent and should not represent particular interest groups.

Each group will be responsible for the conduct of the investigation and the resulting decisions. It will be assisted by a team of CMA staff including economists, lawyers, accountants, business advisers and administrators. Where necessary, it may retain specialist external consultants.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 5 As the chair of an inquiry, a Deputy Chair is responsible for ensuring that it is properly planned and managed and conducted in accordance with the CMA’s published rules of procedure and guidelines and that it is completed within statutory timescales. On a day-to-day basis, the inquiry chair will lead the group’s gathering of information, including holding hearings with interested parties; the analysis and assessment of that information, including consideration of complex economic, financial, business and legal issues; decision making on the basis of the prescribed competition tests and on appropriate remedies; and the production of the related reports, which will be published.

Deputy Chairs will be expected to contribute to the governance and strategic direction of the CMA, particularly in relation to the conduct and delivery of Phase 2 inquiries. As an integral part of the Deputy Chair role, the successful candidates will be capable of developing and maintaining a high profile and influential external public presense, helping to establish strong public recognition for the new Authority, its objectives and priorities, at home and abroad. Person specification

Candidates will have board level or equivalent senior level experience competition law, economics, business and/or regulatory affairs. Deputy Chairs do not have to be experts in competition law; however they are required to have recent expertise relevant to competition analysis, to be able to apply their experience to specific circumstances of an inquiry or an appeal and to have a broad knowledge of business and economic matters.

Successful candidates will have and be able to demonstrate

 the personal standing and integrity to take on the considerable responsibilities set out above and have an established reputation as a senior figure in his/her field;  the presence to lead an inquiry group of members and to interact with senior business figures and their professional advisers;  excellent communication and influencing skills, both within committee and to large audiences, to the media and to individuals including Ministers;  complete integrity with commitment to transparency of decision-making;  strategic capacity and breadth of vision;  excellent investigative and analytical ability, a realistic and practical (rather than simply theoretical) approach to problem solving;  a readiness to pay close attention to accuracy, consistency, rigour of analysis and the formulation of robust and workable remedies; and  the ability to plan and organise work so as to deliver to tight timescales in the preparation and delivery of reports.

Knowledge and experience in a regulated sector, for example energy, water and communication, is highly desirable, as is the ability to demonstrate a strong understanding of: how regulated markets work; consumer issues; and, a grasp of the key issues around the functioning of competition in public service markets, eg education and healthcare.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 6 Essential Skills:

Candidates should be able to demonstrate the following:

 The ability to set the direction of an inquiry and, where necessary, to challenge the analysis being carried out by the staff team and others;

 Excellent investigative and analytical ability which can be applied to competition, economic and regulatory issues, with a view to rigour of analysis and consistency with previous panel decisions;

 Independent thinking, including the ability to introduce ideas for discussion and further research within the Inquiry Group and with staff;

 Strong interpersonal skills and the ability to work productively as a team player with CMA colleagues including Members of an Inquiry Group and staff working on an inquiry;

 Strong Communication skills and the ability communicate with complete credibility with the media and external stakeholders and to be able to defend decisions under pressure. Candidates must be able to make a strong contribution to the CMA’s communications, explaining inquiry decisions to the public.

Terms of appointment Time commitment and Remuneration Deputy Chairs will be expected to commit to the CMA working around 4 days a week or more if possible, but no less than 3 days per week.

The remuneration level is £141,000 FTE pro rata. The roles do not attract any contribution to pension. Location London. Term

This appointment is for a period of up to 4 years with the possibility of reappointment for a further term subject to a satisfactory performance appraisal. Diversity and Equality

BIS and the CS are committed to the principle of public appointments on merit with independent assessment, openness and fairness of process and to providing equal opportunities for all. Details of

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 7 the OCPA code of practice can be found at http://publicappointmentscommissioner.independent.gov.uk/publications/ Applications from diverse groups are welcomed and encouraged.

More information For more information please call Andrew Timlin at Hays Executive on 020 72598743

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 8 How to apply

The closing date for applications 8 November 2013

Please enclose with your application;

1. an updated CV;

2. a covering note of not more than two pages (total) summarising your proven ability against the role and person specifications;

3. a completed copy of the candidate summary form, below, to include any potential or actual conflicts of interest;

4. an updated equal opportunities monitoring form, below; and

5. an updated political activity questionnaire, below.

The closing date for receipt of applications is 12noon on 8 November 2013. Please email your application (preferred) to [email protected] or fax to 020 8525 3470(if you fax your application, please follow up with a postal application) ensuring that you quote the reference number CMA01.

If you are unable to apply by email you may send your application by post to:

Andrew Timlin Hays Executive 23 Lower Belgrave Street London SW1W 0NT

All applications will be acknowledged – please contact Andrew Timlin or Laurence Wolahan if you have received no confirmation within five working days. If you have any difficulty in sending your application or need the application form or any part of the vacancy details in an alternative format (e.g. Braille, large print, audio CD, tape or e-text), please contact Andrew Timlin on 020 7259 8743.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 9 Appointment process

Key dates

 Closing date: 8 November 2013  Shortlist meeting will be held on: 12 December 2013  Interviews will take place on 14 January 2014:  Candidates to be informed of the outcome by early February 2014  Successful candidates to take up their posts in March 2014

The Appointment Process and Making a Complaint

The process to appoint Deputy Chairs of the CMA Panel of Members to the CMA will follow th e Public Appointments processes in accordance with the principles of the Commissioner for P ublic Appointments Code of Practice.

If you feel your application has not been treated fairly and you wish to make a complaint, you should contact Adam Richards, CMA Transition Team at BIS, in the first instance, by email to: [email protected]

BIS is committed to the principle of public appointments on merit with independent assessme nt, openness and fairness of process and to providing equal opportunities for all.

Conflicts of Interest Consistent with the principles of the Commissioner’s Code of Practice, candidates will be ass essed on merit, and all candidates for public appointment will need to uphold the standards of conduct set out in the Seven Principles of Public Life, set out below. The selection Panel mu st satisfy itself that all candidates for appointments can meet these standards and have no co nflicts of interest that would call into question their ability to perform their role.

Equal Opportunities and Political Activity Part of the Commissioners remit is responsibility for promoting equal opportunities and diversi ty and all applicants are asked to update their equal opportunities monitoring data. In addition, applicants are asked to update their political activity form capturing any significant political ac tivity they have undertaken within the past five years. Neither monitoring form will be used as part of the selection process.

Data Protection

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 10 Under the Data Protection Act the information that you provide will be held confidentially and consent must be obtained for individuals’ details to be made publically available.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 11 The Seven Principles of Public Life

In 1995, the Committee on Standards in Public Life defined seven principles, which should underpin the actions of all who serve the public in any way. These are:

Selflessness Holders of Public Office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or other friends.

Integrity Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.

Objectivity Carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership Holders of public office should promote and support these principles by leadership and example.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 12 Candidate Summary Form

POSITION APPLIED FOR

Please tick box as appropriate:

Deputy Chairs of the CMA Panel of Members

SURNAME FIRST NAME INITIAL(S) TITLE

ADDRESS FOR CORRESPONDENCE

CONTACT TELEPHONE EMAIL ADDRESS NUMBER(S)

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 13 REFERENCES

Please give the details of two people who may be asked to act as referees for you, either in the boxes below or on an attached sheet. They will be expected to have authoritative and personal knowledge of your achievements. The referees will be approached only if you are to be invited for interview following the initial sift.

Reference One:

Name

Position in organisation

Address

Telephone E-mail

Reference Two:

Name

Position in organisation

Address

Telephone E-mail

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 14 Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 15 Potential or Actual Conflicts of Interest

Please give details of any business or other interests or any personal connections which, if you are appointed, could present a conflict of interest holding a Non-Executive Director role. These could include financial interests or share ownership, membership of societies, activities, associations or employment of a partner or friend in the particular field in which the public body operates.

Any potential or actual conflicts of interest detailed here will not prevent you going forward to interview but may, if appropriate, be explored with you during your interview to establish how you would address the issue(s) should you be successful in your application. If there are no potential conflicts of interest, please write "none".

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 16 Equal Opportunities Monitoring Form

Please tick or complete the appropriate boxes. The following information is required for monitoring purposes only and will not be provided to the selection Panel members.

Date of birth ………………………………………………………… Gender …………………………………………………………

Ethnic origin Please show which group best describes your ethnic origin or descent by ticking only one of the boxes in the right hand column below.

WHITE British or Mixed British English Irish Scottish Welsh BLACK of Caribbean origin of African origin of other origin (please describe) ASIAN of Indian origin of Pakistani origin of Bangladeshi origin of East African origin of Chinese origin of other origin (please describe) If you belong to another group or groups (please describe)

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 17 Disability Do you consider yourself to have a disability as defined by the Disability Discrimination Act 1995: ‘a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day duties? If YES, please tell us separately about any adaptations which you may require either to carry out the role or to participate in the selection process.

YES NO

Religion or Belief (Optional) You may wish to let us know your faith / religion / belief. Please tick against one of the following:

Agnostic Jewish Atheist Muslim Buddhist Sikh Christian Other please specify Hindu Humanist Prefer not to say

Sexual Orientation (Optional) You may wish to let us know your sexual orientation. Please tick against one box

Heterosexual Gay

Bisexual Lesbian

Thank you for completing this form.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 18 Political Activity Questionnaire

All applicants for a public appointment should complete the question below. This question is asked as it enables the monitoring of political activity of candidates for a public appointment in so far as it is already in the public domain. Neither activity nor affiliation is a criterion for appointment (except where statute dictates specific representation). If you are successful, the information provided will be published with the announcement of your appointment. Please indicate which of the following activities you have undertaken during the past five years by ticking the appropriate box and by providing details of your involvement. Name the party or body for which you have been active. If you have been or are an Independent or have sought or obtained office as a representative of a particular interest group, you should state this. You should tick all relevant categories.

a.  Obtained office as a Local Councillor, MP, MEP etc.  Stood as a candidate for one of the above offices  Spoken on behalf of a party or candidate b.  Acted as a political agent  Held office such as Chair, Treasurer or Secretary of a local branch of a party  Canvassed on behalf of a party or helped at elections  Undertaken any other political activity which you consider relevant c.  Made a recordable donation to a political party1 d.  None of the above activities apply

Name of Party for which activity was undertaken

………………………………………………………………………………………………… Details of involvement ………………………………………………………………………………. …………………………………………………………………………………. ………………………………………………………………………………. ……………………………………………………

Name

………………………….………………………………………………………………………

1 The Political Parties, Elections and Referendums Act 2000 requires the Electoral Commission to publish a register of recordable donations (donations from any individual totalling more than £5,000 in any calendar year, or more than £1,000 if made to a subsidiary accounting unit s uch as a constituency association, local branch, women’s or youth organisation). These provisions became effective from 16 February 2001.

Competition & Markets Authority | Appointment of Deputy Chairs of the CMA Panel 19