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On 30 October 2018 the Competition and Markets Authority (CMA) published a series of statements setting out how it intends to proceed in respect of ongoing European merger and antitrust cases in the event there is no Brexit deal. These statements build on the general principles set out in the UK Government’s technical notice published on 13 September and discussed in our October 2018 briefing. They are intended to assist businesses in their forward-planning for a no deal scenario.
The UK Government has also laid before Parliament secondary legislation making provision, in the absence of a deal, for the transition to a standalone UK competition regime on Brexit date. The Government has emphasised that this legislation does not represent a change in policy regarding the operation of competition law in the UK, but simply addresses technical deficiencies in UK competition legislation that will arise as a result of Brexit.
This briefing considers what we now know about the future application of the EU and UK antitrust rules in a no deal scenario.