The Competition (Amendment etc.) (EU Exit) Regulations 2019

The Competition (Amendment etc.) (EU Exit) Regulations 2019

On 24 January the Government published the Competition (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/93) (the “Regulations”), along with the final version of the accompanying explanatory memorandum.  The Regulations will come into force on exit day.

The Regulations aim to correct deficiencies or irrelevancies in competition legislation arising from EU exit.  They are drafted for a ‘no deal’ scenario and revoke Articles 101 and 102 of the TFEU and the EU Merger Regulation (and related regulations).  The Regulations are intended to create a separation between the UK and EU regimes for antitrust enforcement and merger control, paving the way to a standalone UK competition regime once withdrawal is complete.

The amendments also introduce a new section 60A to the Competition Act.  As a result, competition regulators and UK courts will continue to be bound by an obligation to ensure no inconsistency with pre-exit EU competition case law, unless appropriate in specific circumstances. The Regulations also bring the existing EU block exemption regulations into UK law (as amended by the Regulations).