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Business Articles Awards > Cross-border Issues

Brexit and Competition Law

Assimakis Komninos, Kluwer Competition Law Blog, May 2016

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A “leave” vote in the UK referendum on 23 June 2016 would have a number of repercussions. Competition law is not one of these areas where these repercussions are going to be dramatic, but still a few things both at the UK and at the whole of the (remaining) EU would be different. No major effects on substance UK competition law has long been modelled (since 1998) to the EU system and in terms of substance not much will change. Besides, even if Articles 101 and 102 TFEU will no longer be applicable to the UK, EU competition law enforcement and existing EU case law will continue playing a very influential role in the way UK competition law is applied by the CMA and UK courts. Of course, the CMA and the UK courts will no longer be bound by the European Courts’ case law and will not be subject to Article 3 of Regulation 1/2003, which currently provides that what is permitted under EU competition law cannot be prohibited under national competition law.

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