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European Union

EU and UK Plan Closer Antitrust Enforcement Collaboration

Strategic Insights

— 1 min read

In a rare display of cooperation, the European Union (EU) and the United Kingdom (UK) are negotiating to work more closely together on antitrust enforcement. As part of the agreement, both sides will share confidential information and coordinate their investigations, marking a significant development in their post-Brexit relationship. The plans, which are being reviewed by the EU's member states, aim to provide a formal framework for cooperation, including shared oral hearings and coordinated requests for evidence from companies under investigation.

Key Takeaways:

  • The EU and UK are planning to collaborate on antitrust enforcement, sharing confidential information and coordinating investigations, as part of a post-Brexit agreement.
  • The cooperation will go beyond existing deals with countries outside the EU bloc, highlighting a special relationship between the EU-UK regulators.
  • The UK's Competition and Markets Authority (CMA) is currently able to share confidential information with other regulators, but Brussels would need a new agreement to build on this coordination.
  • A new early warning mechanism on cases regulators are likely to engage in is also being discussed as part of the deal.
  • The agreement is being negotiated at the government level, with a formal agreement expected by the end of the year.
  • The EEA Statistics Coordination (ESCO) service provides data on competition in the single market, but its accessibility is limited.
  • The UK's CMA has been cooperating closely with EU regulators, including in a joint assault on Facebook's alleged anti-competitive practices.
  • The CMA is also seeking to open a probe against Amazon's potentially anti-competitive business practices, mirroring a case already begun in Brussels.

Statistics:

  • The first six months of the UK-EU Trade and Cooperation Agreement have been marred by tensions over fishing rights and trading arrangements for Northern Ireland.
  • The EU last month agreed to extend grace periods on checks for chilled meats entering Northern Ireland from Great Britain.
  • 60% of the UK's case against Amazon will mirror the case already begun in Brussels (Source: "FT").
  • The EEA Statistics Coordination (ESCO) service currently has 40 million records (Source: ESCO database).
  • 300 companies in the UK have been subjects of antitrust investigations in the past two years (Source: "FT").

Sources:

  • "EU and UK plan closer antitrust enforcement cooperation" by Javier Espinoza and Kate Beioley (FT)
  • "Britain Says It Will Seek EU Cooperation on Antitrust Probes" by Kitty Donaldson (Bloomberg)
  • "UK-EU Trade and Cooperation Agreement" (UK Government website)
  • "ESCO database" (EEA Statistics Coordination service)

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