Brexit and competition law: an essential summary of key competition and state aid implications
How will state aid and competition law fare after Brexit? This update provides a concise summary on where things currently stand.
With just under a year to Brexit day, this article looks at what we can expect in the area of competition and state aid law and identifies areas of ongoing uncertainty.
Cartels, anti-competitive agreements and abuse of dominance
Consistency
UK competition law (which applies to trade within the UK) is modelled on EU competition law (which applies to trade between EU member states). Currently the interpretation of UK competition law is explicitly linked to that of the European Commission and Court of Justice (ECJ). While such a strong link is unlikely to continue post-Brexit, it is possible that regulators and courts applying UK competition law could be required to ‘have regard to’ the interpretation of EU competition law in the EU. This would provide for a degree of consistency for businesses operating in the UK and EU post-Brexit, that would be generally welcomed.
The Prime Minister’s recent Mansion House speech in March does not perhaps extend to the requirement for UK courts to ‘have regard’ to judgments of the ECJ, but is not far off.
Featured News
T-Mobile Faces Class-Action Lawsuit Over Sprint Merger After Appeal Denied
May 16, 2024 by
CPI
Google Faces Backlash Over Introduction of AI-Generated Summaries in Searches
May 16, 2024 by
CPI
CMA Launches Phase 2 Probe into AlphaTheta’s Acquisition of Serato
May 16, 2024 by
CPI
NFL Executive Escapes Testifying in High-Stakes Trial Over Televised Games
May 16, 2024 by
CPI
EU Consumers Lodge Complaint Against Chinese Retailer Temu Over Content Rules Breach
May 16, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI