In Competition… Competition & Public Procurement Law: December 2025 Update
December 2025Welcome to the fifth edition of ‘In Competition’.
This update summarises key developments in UK and EU competition law and public procurement during November and December 2025, including significant enforcement actions, regulatory changes, and sector-specific insights. Hot off the press is the CMA’s interim report in its ongoing market study on the civil engineering market for roads and rail.
Antitrust highlights
Civil engineering: CMA interim report (17 December 2025)
CMA’s interim report identifies inefficiencies in the roads and rail civil engineering market, citing high costs and low innovation. Provisional remedies include stable funding, stronger procurement capability, risk-balanced contracting, and streamlined regulation. The CMA also highlights structural barriers in the market, including fragmented pipelines, inconsistent design standards, and limited competitive pressure in specialist sub‑sectors. The interim report suggests that procurement processes may unintentionally favour incumbents and discourage effective innovation. It specifically examines whether current frameworks promote conservative choices, limit supplier scaling, and create uncertainty that drives cost inflation. The report also considers shifting towards more collaborative risk allocation and outcome‑based delivery models.
Why does this matter? The CMA’s findings indicate that future procurement models may include clearer pipelines, stronger capability requirements for authorities, and revised framework structures. These proposed reforms could materially alter bidding strategies, risk allocation, and the way innovation is assessed.
More information can be found here.
Supreme Court ruling on Forex collective damages (18 December 2025)
The Supreme Court reinstated the CAT’s decision that collective damages claims in the Forex cartel case should proceed on an opt-in basis, rejecting the Court of Appeal’s earlier ruling.
Why does this matter? It reinforces the high bar for opt-out proceedings and affects litigation strategy for cartel damages.
More information can be found here.
CMA publishes Fuel Finder enforcement guidance (18 December 2025)
Guidance sets out CMA’s enforcement approach under Motor Fuel Price (Open Data) Regulations, including penalties up to 30% of UK turnover.
The CMA’s market study into road fuel prices recommended the establishment of a statutory fuel finder open data scheme. The government accepted the recommendations, establishing the basis for a fuel finder scheme through the Motor Fuel Price (Open Data) Regulations.
Why does this matter? Important for fleet operators and fuel retailers and it also highlights that non-compliance risks significant fines.
More information can be found here.
Public procurement highlights
UK – Regulations add Iraq and Kazakhstan agreements to Procurement Act
Amendment Regulations add UK/Iraq and UK/Kazakhstan agreements to Schedule 9 of Procurement Act 2023.
Why does this matter? This expands treaty supplier obligations. Future bidders must check eligibility and disclosure requirements.
More information can be found here.
Wales – Consultation on SPPPWA guidance (16 December 2025)
Welsh Government consults on draft statutory guidance under Social Partnership and Public Procurement (Wales) Act.
Why does this matter? Welsh authorities will have dual compliance duties so suppliers should prepare for enhanced social value requirements.
More information can be found here.
Construction
CMA continues cartel compliance messaging: bid-rigging risks remain high, with exclusion from public contracts a key sanction.
Why does this matter? Embed compliance training and leniency readiness in tender teams.
More information can be found here.
Rail
No new GBR developments in this window. The CMA civil engineering study will influence future procurement frameworks.
Why does this matter? Rail suppliers should monitor CMA recommendations for potential model changes.
Insurance
ATE insurers intervened in CAT collective settlement approval proceedings. This underscores scrutiny of litigation funding and insurance arrangements.
Why does this matter? Insurers should review exposure in collective actions and funding structures.
More information can be found here.
Involve Visual Collaboration: Court maintains suspension
The High Court refused to lift the automatic suspension in Involve Visual Collaboration Ltd v Secretary of State for Work and Pensions, holding that damages would not adequately compensate the supplier and that the balance of convenience favoured preserving the standstill.
Why does this matter? The decision shows that where a contract represents a unique growth opportunity for a supplier, the courts may protect that opportunity rather than reduce the dispute to a damages claim. It also confirms that delays by the authority in seeking relief can weigh heavily against lifting the suspension.
More information can be found here.
International SOS: Court lifts suspension
In International SOS Assistance UK Ltd v Secretary of State for Defence, the High Court lifted the automatic suspension, holding that damages would be an adequate remedy and emphasising the public interest in implementing improved service delivery for a strategically significant defence contract.
Why does this matter? The judgment brings out the strong influence of public‑interest factors, particularly for critical national capability contracts. It also demonstrates that where the operational importance of timely contract performance is clear, courts will prioritise continuity of service over maintaining the standstill.
More information can be found here.
If you have any questions about the information discussed, please contact Paul Henty, Deen Taj, and Charlie Bayliss.
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