CMA takes final step in reform of investment consultants and fiduciary managers

The Competition and Markets Authority (CMA) has issued a legally-binding order in a bid to help pension trustees make better decisions for the £1.6trn of retirement assets they oversee.
This marks the final step of the CMA's reform of the investment consultancy and fiduciary management sectors, after its in-depth investigation found significant competition concerns.
The competition watchdog's order requires fiduciary managers and investment consultants to provide clearer information about what their customers are getting for their money, and incentivises pension scheme trustees to shop around to make sure they are getting the best deal to suit their needs.
Among other things, it requires:
- Pension scheme trustees who wish to delegate investment decisions for 20% or more of their scheme assets to run a competitive tender when first purchasing fiduciary management services, meaning they must ask at least three fiduciary managers to bid for their work. This means they can then select the best deal for their needs. The CMA's investigation found that many trustees used only the fiduciary management service offered by their investment consultant, without exploring alternatives.
- Pension scheme trustees who have already appointed a fiduciary manager for 20% or more of their scheme assets without a tender to put the service out to tender within five years.
- Fiduciary management firms to provide potential new customers with more information on their fees and performance, so they can compare service providers with ease. They must also provide more information on their fees to their existing clients.
CMA investigation chairman John Wotton said: "Millions of people rely on pension scheme trustees to invest their savings effectively - which is why it's so important that trustees shop around for the best deal for them. Our investigation found that many trustees lack the information needed to assess and compare investment consultants and fiduciary managers, meaning they may not be getting the best value for their members' money.
"By putting the requirements of our investigation into law today, we will increase competition and make sure these markets work better for UK pension beneficiaries."
The CMA said trustees, fiduciary managers and investment consultants now have six months to ensure their practices are in line with the order's requirements - noting if any are found not to be complying, the CMA could take them to court.
To read more on this topic, visit: https://www.professionalpensions.com/tag/investment-consultants-market-investigation/
More on Law and Regulation
FCA data reveals over £20bn of DB transfers between 2018 and 2020
Some £20.1bn of defined benefit (DB) pensions were advised to transfer between 2018 and 2020, while £10.2bn were recommended not to transfer, Financial Conduct Authority (FCA) data reveals.
Trustees will need to be corporate finance experts under new TPR powers
Pension trustees will have much more involvement in business discussions and corporates will need to think more about pensions when the watchdog’s increased powers come into force, LCP says.
Is mediation set to become the new normal for pension disputes?
Mediation has been under-utilised historically as a means of dispute resolution in this area. Mark Blyth and Geoff Egerton think this is going to change.
TPR response to funding code consultation reveals level of industry concern over twin-track regime
The Pensions Regulator (TPR) has published the interim response to its first defined benefit (DB) funding code consultation – highlighting the depth of industry concern around its proposed twin-track regime.
DWP sets de-minimis for flat-fee AE charges and launches work to standardise cost reporting
The Department for Work and Pensions (DWP) will ban the charging of flat fees on AE auto-enrolment (AE) pots below £100 and launch work on how to standardise cost and charges reporting.