Competition policy - the UK framework and the impact of Brexit (republished)

Author: Dr Arianna Andreangeli, University of Edinburgh

PDF Published: Tuesday 22 Oct 2019 (SB 19-37 Revised)

Expand
Report

Hide

Hide

Report
- About the author
- What this briefing does
- Main issues
- Useful definitions
- Competition policy in the EU and the UK: a closely-knit relationship
  - EU powers in relation to competition
  - The competition laws in force in the UK
  - The role of the Competition and Markets Authority
  - EU-wide co-operation to enforce competition laws
  - EU and UK laws for the review of mergers and acquisitions
  - EU rules on state aid
- The impact of Brexit on UK competition policy
  - The UK's exit from the EU and the enforcement of competition rules
    
    Brexit negotiations and competition policy
    
    Competition policy issues in a UK-EU relationship in line with the Withdrawal Agreement
    
    Competition policy issues in a no-deal Brexit situation
    
    The impact of Brexit on the UK legal services industry
    
    The role of the UK courts as the favoured forum for competition claims
    
    Foreign recognition of UK court judgments
    
    The status of European Commission infringement decisions
    
    The impact of Brexit on competition enforcement
    
    The future development of competition law
    
    The UK's criminal cartel offence
    
    CMA's approach to future cases
  - Merger review and state aid: casualties of Brexit?
    
    The end of "one-stop shop" merger review arrangements
    
    The role of the CMA in merger control post-Brexit
    
    Problems created by parallel merger regimes
    
    Public interest interventions
    
    State aid
    
    Has the state aid regime helped UK businesses?
    
    The new role of the CMA in monitoring financial assistance from government
Sources

International Competition Network. (2002). A.

Commission decision of 10 July 1986, case IV/31371/Roofing Felt. (1986). OJ L232/15.

EU Commission decision no. 98/531/EC. (1998). Official Journal L246/1.

Case t-65/98 (Van den Bergh Foods Ltd v Commission of the European Communities). (2003). European Court Reports II-4653.

OFT, case CE 7691/06. Summary of the decision available at:. (2006). https://webarchive.nationalarchives.gov.uk/20140402185545/http://www.oft.gov.uk/news-and-updates/press/2012/33-12.

CMA, case reference CE/9742-13. (2017). More information is available at https://www.gov.uk/government/news/cma-fines-pfizer-and-flynn-90-million-for-drug-price-hike-to-nhs.

Competition and Markets Authority. (n.d.) Government in Markets.

EU Council of Ministers. (2003). Council Regulation No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32003R0001&from=EN [accessed 30 January 2019]

EU Commission. (2004). Commission Notice on cooperation within the Network of Competition Authorities (2004/C 101/03). Retrieved from https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:101:0043:0053:EN:PDF [accessed 30 January 2019]

EU Council of Ministers. (2004). Council Regulation No 139/2004 of 20 January 2004 on the control of concentrations between undertakings. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32004R0139&from=EN [accessed 30 January 2019]

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. (2018). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759019/25_November_Agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union_and_the_European_Atomic_Energy_Community.pdf [accessed 6 June 2019]

Her Majesty's Government. (2018). Statement from HM Government. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/723460/CHEQUERS_STATEMENT_-_FINAL. [accessed 14 February 2019]

Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom. (2018). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759021/25_November_Political_Declaration_setting_out_the_framework_for_the_future_relationship_between_the_European_Union_and_the_United_Kingdom__.pdf [accessed 6 June 2019]

Allen and Overy LLP. (2016). English jurisdiction clauses - should commercial parties change their approach?. Retrieved from http://www.allenovery.com/SiteCollectionDocuments/Brexit_-_Specialist_Paper_No_2_-_English_jurisdiction_clauses_-_should_commercial_parties_change_their_approach.PDF [accessed 18 February 2019]

Ahmed, . (2016). Brexit and English jurisdiction agreements: the post-referendum legal landscape. European Business Law Review, 27(7).

Andreangeli, . (n.d.) Competition litigation in the EU and the UK after the 2014 EU antitrust damages directive. Civil Justice Quarterly, 35(4).

Roth, . (2017). Competition law and Brexit: the challenges ahead. Competition Law Journal, 16(1).

Andreangeli, . (2017). The consequences of Brexit for competition litigation: an end to a success story?. European Competition Law Journal, 38(5).

Competition and Markets Authority. (2014). Prioritisation principles for the CMA. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/299784/CMA16.pdf [accessed 27 February 2019]

Lyons, Reader and Stephan, . (2017). UK competition policy post-Brexit: taking back control while resisting siren calls. Journal of Antitrust Enforcement, 5(3).

UK Parliament House of Lords European Union Committee. (2018). Brexit: competition and state aid. 12th Report of Session 2017-19. HL Paper 67.. Retrieved from https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/67/6706.htm#_idTextAnchor024 [accessed 08 May 2019]

National Audit Office. (2018). Exiting the EU: competition, consumer policy and state aid. Retrieved from https://www.nao.org.uk/wp-content/uploads/2018/07/Exiting-in-the-EU-consumer-protection-competition-and-state-aid-Summary.pdf [accessed 09 May 2019]

Competition and Markets Authority. (2019). Guidance on the functions of the CMA in the event of a "no deal" Brexit. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/786749/EU_Exit_Guidance_Document_for_No_Deal_final.pdf [accessed 08 May 2019]

Competition and Markets Authority. (2018). Merger cases if there's no Brexit deal. Retrieved from https://www.gov.uk/government/publications/cmas-role-in-mergers-if-theres-no-brexit-deal/cmas-role-in-mergers-if-theres-no-brexit-deal [accessed 21 February 2019]

National Audit Office. (2018). Exiting the EU: competition, state aid and consumer protection. Retrieved from https://www.nao.org.uk/wp-content/uploads/2018/07/Exiting-in-the-EU-consumer-protection-competition-and-state-aid.pdf [accessed 6 June 2019]

Competition and Markets Authority. (2014). Mergers: Guidance on the CMA's jurisdiction and procedure. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/384055/CMA2__Mergers__Guidance.pdf [accessed 21 February 2019]

Modrall, J., & Giles, I. (2016). Brexit: merger review implications and recommendations. Retrieved from https://www.americanbar.org/content/dam/aba/publishing/antitrust_source/oct16_modrall_10_18f.authcheckdam.pdf [accessed 09 May 2019]

Competition and Markets Authority. (2018). A view from the CMA: Brexit and beyond - a keynote speech given by Michael Grenfell, CMA Executive Director. Retrieved from https://www.gov.uk/government/speeches/a-view-from-the-cma-brexit-and-beyond [accessed 21 January 2019]

Department for Business, Energy and Industrial Strategy. (2018). National security and investment: proposed legislative reforms. Retrieved from http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/eu-internal-market-subcommittee/brexit-competition/written/70151.html [accessed 09 May 2019]

Competition Law Committee of the City of London Law Society. (2017). Written evidence submitted to the House of Lords EU Internal Market Sub-Committee. Retrieved from teeevidence.svc/evidencedocument/eu-internal-market-subcommittee/brexit-competition/wr [accessed 09 May 2019]

Tomlinson, J. (2017). Brexit, globalisation and de-industrialisation. Retrieved from https://voxeu.org/article/brexit-globalisation-and-de-industrialisation [accessed 09 May 2019]

Department for Business, Energy and Industrial Strategy. (2018). State aid if there's no Brexit deal. Retrieved from https://www.gov.uk/government/publications/state-aid-if-theres-no-brexit-deal/state-aid-if-theres-no-brexit-deal [accessed 26 February 2019]

Last Updated: 27/4 3:35am

An error occured while loading, please try again in a few minutes.