UK Govt Advises on Post-Brexit Anti-trust Law
The UK Competition & Markets Authority (CMA) will be responsible for investigating mergers or allegations of anti-competitive business conduct when the country leaves the European Union, the government said August 8. The prime minister Boris Johnson has promised to accomplish that by October 31, despite opposition both from inside the Conservative Party and from the other parties.
The CMA will also take jurisdiction of the UK aspects of live EU anti-itrust and merger cases that the European Commission was investigating before Brexit, but which have not yet been decided. Businesses should be aware that it is possible that there will be no agreement on jurisdiction over these cases, it said. The EU is still deciding on the E.ON-RWE deal, but that is expected to be decided in September.
Businesses considering a merger which will have an impact in both the UK and EU single market will need to comply with both sets of merger rules. Breaches of these rules may be investigated by both regulators, depending on the effects in the two jurisdictions.