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EU-UK Antitrust Enforcement and Cooperation | Skadden, Arps, Slate, Meagher & Flom LLP


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The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021.
Takeaways
The TCA requires both the UK and the EU to control potentially trade-distorting subsidies.
EU decisions are no longer binding on the UK.
Anticompetitive Practices and Mergers. The TCA provides for a mutual commitment to police restrictive agreements, market power abuses and anticompetitive mergers, and empowers EU and UK competition authorities to cooperate and share information. The post-Brexit regime therefore changes little except the likelihood of parallel inquiries in matters impacting both the UK and EU. The UK Competition and Markets Authority (CMA) has gained jurisdiction over mergers that had previously been exclusively reviewed by the EU and can investigate anticompetitive behav ....

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