Now that the UK is on the path to an “in-out” referendum on 23 June, this paper looks at the impact of a Brexit on competition policy and enforcement in the UK, and generally in the European Union (“EU”).

EU competition law applies to all companies operating in the EU single market. Companies, wherever they are based, are liable for large fines if they infringe the EU competition rules prohibiting anti-competitive agreements or abuse of dominance. Parties to major transactions have to notify Brussels if the thresholds of the EU Merger Regulation (“EUMR”) are met. Thus, post-Brexit, any UK businesses wishing to offer their goods and services in the EU Member States will continue to find themselves automatically bound by EU competition law.