Birleşik Krallık’ın Avrupa Birliği Üyeliğinden Çıkmasının Rekabet Hukuku ve Uygulaması Bakımından Sonuçları ve Açmazları

Abstract

In the aftermath of the June 26th 2016 referendum, the United Kingdom (UK) has invoked article 50 of the Treaty on the European Union’s (EU) withdrawal process relying on the act of parliament of March 16th 2017. The process that started with the invocation of article 50 is one that will lead to significant changes and loopholes in the British legal order as the UK has been subject to the EU acquis and has been harmonising its legislation accordingly for more than forty years. Competition law is one the most complete and harmonised areas of EU law. This article examines the consequences of the UK’s withdrawal from the EU with regard to competition law and enforcement. The first part of the article discusses the possible consequences of UK’s withdrawal with an economic or trade deal with the EU for competition law. The second part the article stresses the necessity of transitional arrangements for an orderly and healthy withdrawal in terms of competition law. In the final part, the article examines the problems and predicaments of a no deal exit with regard to substantive competition law, the exemption system, private enforcement of competition law, the control of mergers and acquisitions, state aids and the administrative structure.