The Competition (Amendment etc.) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) and 8B of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) and section 41(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) in order to address deficiencies (in particular under section 8(2)(c) and (d) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union, and to give effect to measures in Title X of Part 3 of the Withdrawal Agreement as they relate to the field of competition law.

These Regulations amend the Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93) (“the principal Regulations”). The principal Regulations come into force on exit day. Paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) provides that references to subordinate legislation coming into force on exit day are to be read instead as references to coming into force on IP completion day.

These Regulations amend the principal Regulations to-

• replace references to exit day with references to IP completion day where this is appropriate;

• make transitional provision in relation to cases in which the European Commission will continue to have competence in accordance with Article 92 of the Withdrawal Agreement;

• make provision in relation to cases in which responsibility for the monitoring and enforcement of remedies imposed by the European Commission is transferred to a national competition authority in accordance with Article 95 of the Withdrawal Agreement, empowering the Competition and Markets Authority and concurrent regulators to monitor and enforce transferred EU anti-trust commitments, transferred EU anti-trust directions and transferred EU merger commitments;

• make clarifications to the transitional provisions that apply in relation to claims for damages for loss arising out of competition infringements;

• revoke Regulation (EU) No 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union, which would otherwise be retained EU law.

Part 2 amends the principal Regulations to amend the Competition Act 1998 (c. 41). Part 3 amends the principal Regulations to amend the Enterprise Act 2002 (c. 40). Part 4 makes amendments to the principal Regulations to amend other primary legislation. Part 5 makes amendments to the principal Regulations to amend subordinate legislation. Part 6 makes amendments to the principal Regulations to make further amendments and provisions relating to the revocation of retained EU law. Part 7 amends the transitional and savings provisions in the principal Regulations, in particular, to clarify the transitional provisions which apply in relation to claims for damages for loss arising out of competition infringements and make some amendments in relation to the transitional provisions that apply in respect of certain merger cases which are ongoing at the end of the transition period to ensure that they implement the Withdrawal Agreement.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.