UK Competition Law After Brexit – Plus Ça Change…

Brexit has happened.  The UK is no longer an EU Member State.  What does that mean for competition law in the UK?

Has Anything Changed?

In the short term, nothing will change.  Until the end of the transition period set out in the UK Withdrawal Agreement, the rights and obligations of EU law continue to apply just as they did before.  That transition period is due to end on 31 December 2020, unless both sides agree to an extension.  So far, the UK Government has refused to consider a possible extension and has even sought to legislate against one.

But, for at least the next 11 months, EU law will continue to apply.  The UK will be treated as an EU Member State for the purposes of competition law (as well as other purposes) and EU institutions will retain jurisdiction over any administrative procedures that are already underway or that initiated before the end of the transition period.

This is not limited to competition law.  The UK is still, in effect, part of the internal EU market and the freedoms guaranteed under the EU Treaties continue to apply.  Manufacturers can still export goods into and out of the UK.  Services can still be offered across border.  EU citizens (including UK citizens) can move freely between the EU and UK, and not be discriminated against when seeking work.  And the UK will have to abide by EU rules on State Aid.

Click here, to continue reading on the Cleary International Trade and Sanctions Watch blog.