Possible Implications Of Brexit In Competition Law

General

It should be noted that implications of a Brexit vote will be dependent upon the outcome of the exit negotiations that would take place following the submission of Britain's notice to leave the EU (e.g. will Britain remain in the single market at least to some extent?). Post-Brexit, any UK businesses which offer or propose to offer goods or services in the EU will continue to be bound by EU competition law. UK competition law is largely based on EU Competition law legislation and is unlikely to change fundamentally as a result of Brexit. The EU would lose its legal jurisdiction over UK law. The UK would no longer be able to have input in shaping EU competition law and would no longer be able to contribute to the decision-making process for Commission cases. In terms of enforcement and its deterrent effect, the UK agencies at a national level have traditionally been less active than the Commission in respect of enforcement action for anti-competitive behaviours (e.g. between 2007 and 2012 (inclusive), the UK...

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