CMA: Publishes Open Banking ‘Lessons Learned’ in Successfully Implementing Remedies

CMA | Release | May 27, 2022

CMA commits to implementing the recommendations in full

The Competition and Markets Authority (CMA) has today published the findings and recommendations of a review by Kirstin Baker, one of its independent non-executive Directors, to identify lessons from Open Banking for the CMA’s approach to designing, implementing and monitoring remedies in its market investigations.

Open Banking was introduced following the CMA’s Retail Banking Market Investigation, which set out a blueprint for improving the way banks could serve customers and small business. As a result, in 2017 the CMA ordered the 9 largest banks in Great Britain and Northern Ireland (the CMA9) to set up an Open Banking Implementation Entity (OBIE) which would enable customers to share their transaction history data safely and securely with trusted third parties. Today, the UK is a global leader in this area and it is estimated that half the UK’s small businesses and over 5 and a half million consumers now use services powered by Open Banking technology.

See:  Open Banking Surpasses 5 million User Milestone in the UK

Kirstin Baker, who led the Lessons Learned review, said:

The Open Banking remedies are some of the most complex ever implemented by the CMA and have been important in opening up competition in retail banking and supporting the growth of UK fintech.

Ms Baker’s review has found that the technical solutions to achieve the Open Banking remedy have and continue to be successfully implemented. However, the CMA did not fully anticipate the scale and complexity of its remedy and it failed to foresee or manage some of the key risks inherent in the delivery of the project, in particular in relation to governance at the OBIE and relationships with key stakeholders.

See:  Joint statement by HM Treasury, the CMA, the FCA and the PSR on the future of Open Banking

The review makes 7 recommendations to the CMA:

  • 1: Build more effective Board oversight and risk management of the end-to-end strategy for complex remedies
  • 2: Set out processes and governance for CMA Board and Executive oversight of the delivery and implementation of remedies
  • 3: Consider questions relating to implementation at the remedies design phase
  • 4: Ensure key factors are considered where a remedy establishes a new entity or large and enduring CMA function
  • 5: Include gateways in the remedy delivery and implementation process
  • 6: Implement effective and agile internal governance and stakeholder engagement in remedy delivery and implementation
  • 7: Conduct an evaluation case study of complex market investigation remedies

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