Promoting competition and ensuring markets work well after Brexit
Updated 10 September 2019
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This publication is available at https://www.gov.uk/government/publications/cmas-role-after-brexit/cmas-role-after-brexit
Brexit will result in a bigger role for the CMA in safeguarding competition on behalf of UK consumers.
We expect to investigate larger and more complex merger cases as well as carry out a greater number of complex antitrust cases, often in parallel with other jurisdictions including the EU. The government has also set out its intention that we should be responsible for monitoring and enforcing state aid rules for the whole of the UK.
To do this new work and ensure UK consumers continue to be protected, we will build on our existing legislative framework and skills and are in close contact with government on secondary legislation to underpin the transition. We are increasing our headcount and are actively planning for how we will manage these additional responsibilities, while ensuring that we continue to balance our portfolio of work and deliver for UK consumers. We are currently working with government and engaging with key stakeholders to listen to their views.
No-deal Brexit
On 29 October 2018 the government laid The Competition (Amendment etc.) (EU Exit) Regulations 2019 (referred to here as the ‘Competition SI’) before Parliament which has been approved by both Houses.
The Competition SI makes provision for the transition to a standalone UK competition regime after a no-deal Brexit.
The Competition SI is accompanied by an explanatory memorandum.
The CMA has set out the way it intends to proceed for mergers and antitrust cases involving the European Commission or EU law pre-Brexit in the event of a no-deal scenario.
On 9 September 2019 the government laid The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (the ‘Commitments SI’) before Parliament. The Commitments SI ensures that the UK can continue to benefit from EU merger and antitrust commitments which relate to the UK after a no deal Brexit.
The Commitments SI is accompanied by an explanatory memorandum.
The CMA intends to publish guidance in relation to this SI in due course.
Find out more in the guidance on the functions of the CMA after a no-deal Brexit.
State aid
The government laid the draft State Aid (EU Exit) Regulations on 21 January 2019, to ensure a domestic state aid regime would be in place in the event the UK leaves the EU without a deal.
An explanatory memorandum has also been published.
To assist aid grantors and beneficiaries in their planning for Brexit, the CMA has published information on how it intends to operate the UK state aid regime, in the event of a no-deal exit.
The CMA has consulted on draft procedural guidance which provides information on the processes it intends to use when examining and investigating notified aid in the event of a no-deal Brexit.
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