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Centre for Commercial Law Studies

Competition Enforcement Post-Brexit

When: Friday, December 11, 2020, 4:00 PM - 5:00 PM
Where: Online,

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British Institute of International and Comparative Law logo with a navy blue circle in the top left corner with the initials BIICL

What has been regarded as one of the main risks that Brexit poses to antitrust enforcement is its potential for neglect. As the CMA has discretion to priorities its antitrust enforcement, it must respond to the flow of merger activity. There are major transitional issues around Brexit, especially concerning cases that are in the middle of being investigated when the UK leaves the EU and situations where pre-Brexit conduct is discovered post-Brexit. This latter consideration is especially important as regards cartel activity. In addition, as the CMA has discretion to prioritise its antitrust enforcement, it must respond to the flow of merger activity that would in the past be assessed by the European Commission. Furthermore, in the absence of a specifically negotiated agreement between the UK and the EU, EU state aid law will not be applicable in the UK and there is no equivalent provision in UK competition law.

The Panel will discuss the enforcement issues in merger control that arise as a result of Brexit and will provide an overview of the merger enforcement relationship between UK and EU post Brexit. It will discuss the challenges that stakeholders are likely to face as they are involved in transactions that are currently under notification as well as transactions that will be notified after January 1st.

Chair

  • Professor John Vickers, Oxford University

Speakers

  • Simon Pritchard, Linklaters LLP
  • Colin Raftery, Competition and Markets Authority
  • Jorge Padilla, Compass Lexecon
  • Dr Maria Ioannidou Queen Mary University of London

This event is convened by Professor Ioannis Kokkoris, Co-Director of the Competition Law Forum, BIICL and Centre for Commercial Law Studies, QMUL