CMA publishes ‘Funerals Market Outcome Review’ and enforcement plans

The Competition and Markets Authority has today (27 January 2023) published a Funerals Market Outcome Review looking at the impact of the 2021 Funerals Market Investigation Order. It has also announced an intention to enforce compliance with 100 funeral firms and issued guidance to support funeral directors and crematorium operators in complying with the Order. 

Initial enforcement letters will be sent privately to the non-compliant funeral directors. Where breaches continue, the CMA has said it will consider publishing the names of the businesses involved, details of these breaches, and the enforcement action being taken. The CMA has powers to issue legally binding directions to compel non-compliant firms to come into line.

The CMA has also published guidance for funeral directors and crematorium operators, including a version for smaller funeral firms who operate with fewer than five branches.

The CMA has said it is looking to trade associations to support these compliance activities – a process which the NAFD has already put in place. The NAFD inspectorate team has contacted wholly non-compliant NAFD members, and the NAFD is following up with individual members who are wholly or partially non-compliant to offer support in achieving compliance. Non-compliance with the CMA Order is a breach of the NAFD’s Funeral Director Code as well as being a breach of the legal duties set out by the CMA.