Some really significant recommendations from the CMA here - particularly great to see that moving to a realistic prospect of harm test is one of them. Myself and @PCarodeSousa make the case of this in our recent paper: https://papers.ssrn.com/abstract=3706772 #oecdcomp https://twitter.com/CMAgovUK/status/1336255275473530890

On structural separation it is interesting that the CMA found a strong prima facie case for separation remedies, but opted to recommend the development of the DMU instead of a market investigation, and now the DMU will not be able to require structural separation...

...though it will be able to order operational&functional separation. For structural separation a market investigation would be required, and the CMA has just decided against a market investigation reference. So presumably that remedy is off the table for the next few years

Repeated references to "consumers and citizens" is also a welcome development. Is this perhaps the type of clarification of consumer welfare as the goal of competition law & policy that Hovenkamp and others have pushed for?

Precisely which pro-competitive interventions are imposed will depend on the DMU making an AEC finding (in essence the DMU's process will mirror a market investigation). Interesting therefore that the CMA's market study work does not lead it to recommend any minimum steps

Those worried about whether this will all ultimately be watered down will therefore need to continue to make the case on things like interoperability when a case is opened. Will be interesting to see if the EU decides to move faster when it publishes its own proposals next week