The Department for Exiting the European Union (DExEU) has published a presentation that outlines the framework of the future UK-EU collaboration to ensure open and fair competition, aiming to offer greater protection than standard FTA non-regression laws.
Given the degree of market openness proposed between the UK and the EU, the Government has committed to ongoing harmonisation of competition law, which aims to protect businesses from unfair competition by proposing ‘an integrated package of measures’. According to DExEU, it is important to ensure the continuity of powers that prevent anti-competitive practices which hinder the ability of UK and EU firms to trade within each other’s respective markets.
Some key points of the presentation include:
- Naming the “Canada model” (EU-CETA) as the best precedent for an EU FTA (Freight Transport Association) and UK market collaboration
- Proposing a common rulebook on state aid with UK’s commitment by treaty
- Sharing confidential information to manage parallel merger and antitrust investigations
- Consistent interpretation of state aid rules through UK courts taking account of the CJEU case law
- Legal framework for state aid would mirror the appropriate EU provisions, including the Block Exemption Regulations
- From December 2020, the UK would safeguard the common rulebook through an independent regulator – the Competition and Markets Authority (an equivalent of the Commission for Member States)
The presentation is available here.