References to the “exit day” of the SI competition are replaced, if necessary, by references to the IP closing date. Ip refers to the implementation period, as indicated by UK legislation as a transitional period agreed under the withdrawal agreement. The draft guidelines outline the legal changes that should be made from 31 on the basis: the Competition Authority (CMA) has published a policy paper explaining how Brexit or “exit from the EU” will affect its “powers and procedures” for the application of competition law (agreements and abuse of dominant position, including cartels) , mergers and enforcement of consumer protection measures during the application of competition law. , towards the end and after the transition period (the “guidelines”). The guidelines also explain how “living” mergers and “living” cartels are dealt with by the European Commission (the “Commission”) or the CMA during and at the end of the transition period. Below is a brief summary of the main rules and guidelines for Brexit and competition law. More information can be found in our briefing on the impact of Brexit on merger control here and in the competition chapter in the HSF-Brexit legal guide here. With regard to the calculation of the turnover of mergers, the Commission`s guidelines state that the date to be taken to determine the competence of a merger is the date of the conclusion of the binding legal agreement, the notification of a public offer or the acquisition of a dominant stake or the date of the first notifications of concentration, depending on the previous date. If one of the relevant events occurs before the end of the transitional period, the Commission takes into account the turnover of the parties to the merger carried out in the United Kingdom. It is a simple approach by the Commission to determine whether it is competent.
If the case is not opened until 2021, the Commission`s physical analyses and corrective measures will not be able to deal with the UK market. The CMA`s guidelines state that it is free to invoke concurrent jurisdiction, at least if the Commission has not initiated proceedings before the end of 2020. The CMA guidelines apply to current and future mergers and agreements of the CMA under the Enterprise Act 2002 and the Competition Act of 1998. The essence of the text consists of a summary of the legal changes resulting from the UK`s exit from the EU. In cases under jurisdiction (files opened before the end of the transition period and for which the Commission remains competent after the end of the transitional period), the CMA still has access to relevant information and may be invited to participate in advisory committee meetings when discussions are on the United Kingdom.