The Competition Markets Authority (CMA) has been consulting on revisions to its current guidance on director disqualification orders in competition cases. The draft guidelines would replace the current five-step process with general principles and factors that the CMA may take into account when determining whether to apply for the disqualification of a director for infringements of competition law; streamline the pre-action procedure; and allow greater leniency and reductions in the length of disqualification in cases where there has been assistance and cooperation by the director.

The consultation closed in September 2018. Many commentators are forecasting that, if approved, we should expect to see more investigations by the CMA into possible anti-competitive conduct by directors and more disqualifications.