Chillin Competition Conference A Brave New World or Perhaps Not Natura Gràcia 25 October 2017 Waiting for the lightbulb moment Ratification Negotiations withdrawal issues Negotiations ID: 766627
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Chillin’ Competition Conference A Brave New World… or Perhaps Not?Natura Gràcia25 October 2017
Waiting for the lightbulb moment…
Ratification Negotiations – withdrawal issues Negotiations – future relationship 29 March 2017 December 2017? “Sufficient progress” September 2018 Practical deadline for agreement “Phase one” “Phase two” 30 March 2019 The UK outside the EU, but treated as though a member state for some purposes? Article 50 extension? Withdrawal agreement takes effect in future ? Formal deadline for agreement Transitional arrangements? And the clock is ticking Money Citizens’ rights Northern Ireland border
The mergers puzzle The end game30-50 additional Phase 1 cases / 6 additional Phase 2UK turnover outside EEAVoluntary regime: really?Global mergers, global remediesDivergence in theories of harm (e.g. innovation?) Public interest/national security But until then Cut-off for allocation of cases Appeal process Article 9 or 4 requests? “ We have good co-operation with DG COMP in this area; it listens carefully to what we say, but being the decision-maker is a significant difference that could be of benefit, because some times those decisions might go in a direction we did not care for ” , Lord Currie, Chairman of CMA, 14 September 2017
And then antitrust The end game50% increase in workloadcooperation/information sharing: ICN, OECD, ECN?Global cartels: another authority to deal withCherry picking on substance… “ Particularly in the early years, it is in no one’s interest to have a huge amount of litigation, challenge and uncertainty about all sorts of concepts that are effectively settled and understood ” , Sarah Cardell , General Counsel of CMA, 14 September 2017 But until then Case allocation/prioritisation Commitments, monitoring Leniency
Can the CMA handle it? Voluntary merger regime but can’t control parties’ notifyingSectoral regulatorsInformation sharing and cooperation (dawn raids, evidence)If no extra £££, both CMA resource management options have ‘political’ angle:scale back discretionary work (101, 102, market studies and investigations); or go lighter-touch and slipstream EC or other agencies Choices, choices, choices… We will be involved in much bigger and arguably more complex cases than we typically deal with currently – Lord Currie , Chairman of CMA, 14 September 2017 A19680389