Competition & Public Procurement Law: June – July 2025 Update

Welcome to the first of our regular updates on developments in the field of Competition and Public Procurement Law.  We have picked out recent cases, judgments, consultations and legislative developments which we think will be of most interest to our readers.  In this update, we will be covering the key goings on over June and July.

Competition / Antitrust Law (UK, 1 June – 18 July 2025)

• 13 June 2025 – The CMA launched a consultation on releasing Google from its “Privacy Sandbox” commitments. Google had abandoned plans to block third-party cookies in Chrome, so the CMA believes its prior commitments (ensuring Google’s new ad-tech changes didn’t unfairly favour Google) may no longer be necessary. Stakeholders were invited to comment by 4 July 2025 before the CMA decides whether to formally lift these competition commitments.  Investigation into Google’s ‘Privacy Sandbox’ browser changes – GOV.UK
• 19 June 2025 – The CMA launched a market study into civil engineering for roads and railways, focusing on the design, planning and delivery of road/rail infrastructure projects. The study will examine how to improve public procurement and reduce barriers to entry in the civil construction sector, aiming to recommend ways to cut costs and boost productivity (though the CMA cannot itself impose remedies via a market study). This development is particularly relevant to the construction industry. For more information, please see our previous article here: Are civil engineers playing fair? CMA investigates UK infrastructure | Beale & Co.
• 19 June 2025 – The CMA cleared the GXO/Wincanton merger (logistics and warehousing) subject to a divestiture remedy. An independent CMA inquiry found the deal, as originally structured, would substantially lessen competition in dedicated grocery warehousing services (risking higher costs for supermarkets and consumers). To address this, the merging parties agreed to sell Wincanton’s grocery warehousing business to a CMA-approved buyer, after which the CMA approved the acquisition. Summary of final report
• 24 June 2025 – Under the UK’s new Digital Markets regime, the CMA proposed to designate Google with “Strategic Market Status” (SMS) in the markets for general search and search advertising. A roadmap of potential pro-competitive interventions was published including requiring search engine choice screens, fair/non-biased search result rankings, greater transparency for content providers, and data portability for users. The CMA opened a consultation on this proposed SMS designation (final decision expected by October 2025), after which it could impose tailored conduct requirements on Google if designation is confirmed: SMS investigation into Google’s mobile ecosystem – GOV.UK
• 30 June 2025 – In a road fuel market update, the CMA reported that fuel profit margins remained historically high despite petrol/diesel prices falling in spring 2025. The CMA welcomed the government’s commitment to introduce a “fuel finder” scheme (real-time price comparison for drivers), following CMA’s recommendations, to spur competition and help consumers shop around. Notably, this update was based on data obtained via new information-gathering powers under the Digital Markets, Competition and Consumers Act 2024, illustrating new competition tools in use. Road fuel quarterly update report: June 2025 – GOV.UK
• 3 July 2025 (announced) – The CMA disclosed that on 24 June 2025 it opened an investigation into an alleged cartel in waste management services. The probe, under Chapter I of the Competition Act 1998, is examining suspected anti-competitive agreements between several waste service firms (Bagnall & Morris, Gaskells (North West), and Ash Waste Services). The case is at an early stage with no conclusion yet – the CMA has not decided if it will issue a Statement of Objections or if the law was breached. Suspected anti-competitive conduct in relation to the supply of waste management services – GOV.UK
• 9 July 2025 – Seven major housebuilders agreed to a £100 million package of commitments to resolve a CMA investigation into anti-competitive information sharing in the residential construction sector. Developers including Barratt Redrow, Bellway, Berkeley, Bloor, Persimmon, Taylor Wimpey, and Vistry were suspected of exchanging confidential sales data (prices, volumes, incentives offered, etc.). To address the CMA’s concerns, the firms offered legally binding commitments: paying £100 million toward affordable housing schemes across the UK, collaborating on industry guidance to prevent improper information exchanges, and agreeing not to share certain sensitive sales information in future. The CMA launched a consultation (open until 24 July 2025) on whether to accept these commitments, which would avoid a formal infringement decision. This outcome is notable for the construction sector, and the £100 million payment is the largest ever secured by the CMA via commitments. UK housebuilders agree to pay £100m to avoid legal decision – BBC News
• 16 July 2025 – The CMA published non-confidential versions of five infringement decisions against global banks for unlawfully exchanging sensitive information in UK government bond trading. The decisions (originally issued February 2025) found that traders at Citi, Deutsche Bank, HSBC, Morgan Stanley, and RBC shared competitively sensitive information in Bloomberg chatrooms (re. UK gilts and related products), violating competition law. Four banks settled the case (paying fines totalling ~£104.5 million in aggregate), while Deutsche Bank received immunity for whistleblowing under the CMA’s leniency policy. (The case had formally closed on 16 July 2025 with these publications.) Anti-competitive arrangements in UK government bonds – GOV.UK

Public Procurement Law (UK, 1 June – 18 July 2025)

• Procurement Act 2023 in force – The UK’s Procurement Act 2023, which overhauled public procurement rules post-Brexit, took effect on 24 February 2025, replacing the EU-based Public Contracts Regulations 2015.  A key secondary instrument – the Procurement Regulations 2024 – was approved by Parliament and signed, setting out detailed rules under the Act.  (A short implementation delay was announced in September 2024, and the new regime “went live” in February 2025 instead of October 2024.) The National Procurement Policy Statement 2023 was also laid in Parliament on 13 February 2025 and came into force alongside the Act, providing strategic priorities (e.g. social value, resilience) for contracting authorities. Throughout June – July 2025, the UK public sector and its suppliers have been transitioning to and learning the new regime. Notably, procurements begun under the old rules continue under those rules during the transition. Procurement Act 2023 – Guidance documents – GOV.UK
• 26 June 2025 – The Cabinet Office launched an open consultation on further procurement reforms titled “Public Procurement: Growing British industry, jobs and skills.” This consultation proposes building on the 2023 Act’s changes to ensure public purchasing supports the UK’s industrial strategy, strengthens domestic supply chains, and opens opportunities for SMEs and social enterprises. The government is seeking views (until 5 September 2025) on new measures to use procurement to boost British industry and economic resilience, while remaining compliant with international trade commitments. Public Procurement: Growing British industry, jobs and skills (HTML) – GOV.UK
• 26 June 2025 – The Cabinet Office issued updated guidance via Procurement Policy Note 022 on “Procuring Steel in Government Contracts.” This PPN 022 update reflects policy changes since the last steel procurement note and aligns with the new procurement regime. It emphasises that public projects should consider UK-produced steel: in-scope authorities are now required to consult the UK Steel Digital Catalogue at the design/procurement stage and include contract clauses obligating Tier-1 contractors to do the same. The guidance also highlights use of the Procurement Act’s national security exemption (Schedule 2) if relevant to steel sourcing. This is particularly relevant to construction and infrastructure projects, ensuring procurement practices support the domestic steel industry. (The PPN 022 guidance was published with an FAQ on 26 June 2025.) 2025-06-25_-_PPN_022_Procuring_Steel_in_Government_Contracts__Final_Formatted_.pdf
• 10 July 2025 – The Cabinet Office updated Procurement Policy Note 006 (PPN 06/21 under old rules, now PPN 006 under the 2023 Act) regarding Carbon Reduction Plans in major government contracts. The July update introduced new terminology and references consistent with the Procurement Act 2023 and its 2024 Regulations. PPN 006 sets out how central government buyers must consider bidders’ Carbon Reduction Plans (for contracts >£5 million per year) to support the UK’s Net Zero target. Alongside updating the PPN’s language for the new regime, a FAQ guidance document was added on 10 July 2025 to assist practitioners . Contracting authorities are directed to use PPN 006 for procurements under the new Act (while the old PPN 06/21 remains for any remaining PCR 2015 procurements). 2025-02-05 PPN 006 Guidance on taking account of carbon reduction plans – adopting and applying conditions of participation.docx
• Enforcement and case law – Between 1 June and 18 July 2025, no landmark UK court judgments on public procurement were reported. The first significant litigation under the new Act was still pending (courts continued to handle some challenges under the old rules). Procurement enforcement during this period centred on proactive oversight and guidance by the Cabinet Office (e.g. the above PPNs and policy consultations) rather than formal legal actions. Notably, the government’s Procurement Review Unit (a planned oversight body under the 2023 Act) was in development, but substantive enforcement activity (e.g. investigations or sanctions for non-compliance) had not yet been publicised by mid-July 2025.

Sources: Official CMA and Cabinet Office publications and news releases from June–July 2025.

Our expert teams are closely monitoring the evolving competition and procurement landscapes. If you’d like to discuss how the latest developments may affect your organisation – or require support responding to regulatory consultations – please get in touch with the authors.