Brexit: Is It Really Breaking Free? The Implications of the UK’s Withdrawal from the European Union in the Field of Competition

Abstract

Globalisation has not only increased international competition but also led to an increasingly more integrated and evolving legal system. On 23 June 2016, 52 percent of British voters opted to leave the European Union in the hope of ‘regaining their freedom’. The United Kingdom’s decision to leave the European Union has triggered an important political crisis at the same time as raising various questions as to the implications of such a withdrawal. This referendum leaves much uncertainty about the future in many areas, such as competition. Brexit raises particular problems for competition policy and law because of the influence of the European Commission in this field. Indeed, the Commission is the major direct actor, while the national authorities mainly operate within the European framework. Many authors have argued that the implications of the UK’s withdrawal from the European Union depend on the type of agreement that is secured by the UK. However, this article argues that whatever the type of agreement the UK strikes with the EU, EU competition law will still play a predominant role.