CA98 penalties guidance 'no deal' update
The CMA consulted on proposed revisions to its published guidance on penalty setting in Competition Act (CA98) cases in the event of a ‘no deal’ EU Exit.
Securing a majority in Parliament for leaving the EU with a deal remains the Government’s priority. This has not changed. However, we continue to plan for every eventuality, including a ‘no deal’ scenario, in which the UK would leave the EU on 12 April. We have been intensifying and accelerating ‘no deal’ planning to ensure we are fully prepared.
The draft guidance makes some limited revisions to the current penalties guidance (CMA73) to reflect how the CMA will calculate penalties on and after exit day (as defined in the European Union (Withdrawal) Act 2018) in the event of the UK leaving the EU without a Withdrawal Agreement in place.
We are inviting views on the proposed amendments to the CMA’s penalties guidance (CMA73), which are made to reflect changes which would result from a ‘no deal’ EU exit, including the coming into force of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/93). If the political situation develops such that a ‘no deal’ EU exit is no longer a possibility, we will close this consultation.
This revised guidance would only come into force once it is published in final form in a ‘no deal’ scenario after this consultation has taken place, approval by the Secretary of State for Business, Energy and Industrial Strategy has been received and The Competition (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/93) have come into effect.