UK Competition Law

After Brexit, the UK proposes to maintain its existing competition law which is aligned with EU competition law but is applicable to the UK level. After Brexit EU law will no longer apply. The UK Competition and Markets Authority will continue its role in policing and enforcement of competition law in the United Kingdom.

The UK intends to preserve its existing domestic competition regime. Modifications may be made by an order under the Withdrawl Act to reflect the fact that EU competition legislation cross-border issues and the Commission’s powers will be applicable only in a domestic sense.

The European Commission will have no further jurisdiction to investigate mergers and anti-competitive conduct within the UK in respect of conduct having EU wide anti-competitive effect .

Where a merger has a cross-border element and is above the very high EU thresholds, it may be subject to review by both the UK Competition and Markets Authority and the EU Commission.

Most businesses will have no further obligation to comply with the general laws prohibiting anti-competitive agreements and abuse of a dominant position than applied before Brexit.

Procurement

After Brexit UK contracting authorities will publish their contract notices on the UK notification service instead of the present official Journal of the EU.

Suppliers wishing to have access to contract opportunities in the UK will have to consult the new UK  notification service. Non-UK providers may not qualify.

Contact McMahon Legal 

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