The following Competition practice note provides comprehensive and up to date legal information covering:
NOTE—Although the Brexit transition period ended on 31 December 2020, this Practice Note continues to retain references to EU competition law. This is because, despite the fact it is now possible for UK regulators and courts to depart from EU jurisprudence, any divergence between the two regimes is likely to be gradual on the basis that: (i) the UK’s competition regime relies heavily on concepts which have been refined in EU case law over many years (concepts which the UK courts were obliged to apply consistently with UK competition law); and (ii) unless the UK decides to force the pace of change by legislating (which currently seems unlikely), the opportunities for divergence will depend on the issues raised by cases coming before the CMA and courts now that the transition period has passed. On the basis of the above considerations, EU competition law is likely to remain influential in UK practice for some time. However, to the extent that any diverge between EU and UK competition law does emerge or become apparent, this Practice Note will be amended accordingly.
For further details on UK competition law after the Brexit transition period, as well as the likelihood of whether the UK’s regime will diverge from the EU’s approach to competition law in the future, see further, The effect of Brexit on UK competition law.
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