CMA planning for ‘no deal’ Brexit

The Competition and Markets Authority (CMA) has opened a month-long consultation on its plans in the event of the UK leaving the EU on 29 March without a negotiated deal, which would impact its work on ongoing and future investigations

The CMA highlights that leaving the EU with a deal remains the government’s top priority, but says it must plan for every eventuality, including a ‘no deal’ scenario.

The draft guidance covers the legal framework; merger control; enforcement of competition law prohibitions (antitrust, including cartels); and consumer protection law enforcement.

The consultation asks businesses and other stakeholders to comment on whether the draft guidance generally provides sufficient information and clarity in relation to the jurisdiction of merger cases and antitrust and cartel cases which are being reviewed on exit day (ie, ‘live’ cases).

It also seeks views on whether the draft guidance generally provides sufficient information and clarity in relation to the treatment of such cases opened after exit day, and in relation to the CMA’s understanding of the legal framework that will govern the consumer protection regime after exit day and its approach to the exercise of its functions.

The consultation closes on 25 February.

CMA consultation on ‘no deal’ guidance is here.

Draft CMA guidance on EU exit ‘no deal’ is here.

Report by Pat Sweet

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