Issue Impact
Merger control: EU Merger Regulation will not stop application of UK merger control regime Increased merger control scrutiny: where EUMR applies to a transaction, the UK regime could also apply in parallel.
Competition rules: scope for duplicative investigations by both CMA and European Commission (current EU law avoids this) Increased regulatory scrutiny: multiple investigations into same issue where there is an effect of trade in the UK and the EU.
European Courts jurisprudence falls away, leaving case-law gap on interpretation of UK competition laws Uncertainty over application of EU competition case law in UK cases.
Reduced jurisdiction of CAT and High Court to accept follow-on damages actions re EU competition decisions Current favourable jurisdiction for follow-on damages actions could fall away.
State aid restrictions may no longer apply Potentially more Government support is possible post-Brexit as State aid laws will not apply to UK projects.

What action can you take now? How can CMS help?
The impact of Brexit will depend largely on the terms of the UK’s future trading relationship with the EU. CMS experts can advise on the potential models and implications for competition law and its application to your business.