Review of SME Banking Undertakings 2002

In 2014, the CMA reviewed the SME Banking Undertakings 2002 and decided in 2016 to release all but 4 provisions in the Undertakings. These 4 provisions prohibit 8 designated banks from compelling an SME customer to open or maintain a business current account as a condition of accessing business loans or deposit accounts (the ‘Limitation on Bundling Provisions’).

The purpose of this review is to determine whether, as a result of any change of circumstances, the Limitation on Bundling Provisions are no longer appropriate and need to be varied, superseded or released.

The CMA is now consulting on:

• potential changes of circumstances that may mean that the Limitation on Bundling Provisions are no longer appropriate
• if such changes are identified, whether they mean that the Limitation on Bundling Provisions should be varied, superseded or released
• in the case of identifying the need to vary the Limitation on Bundling Provisions, what are the proposed changes that could be made