Following the UK’s withdrawal from the EU, both sides have taken an important step towards harmonising their competition policies. The aim is to better coordinate key aspects of competition law in future.
Supplementary agreement to the Trade and Cooperation Agreement
On 29 October 2024, the EU and the UK agreed on the text of the new agreement, which is to serve as a supplementary agreement to the Trade and Cooperation Agreement of December 2020. On 20 May 2025, the European Commission submitted a reasoned recommendation to the Council of the EU for signature.
Key content
The draft contains several provisions to improve coordination between the competition authorities on both sides:
- Early notification: If a competition authority plans measures that could affect the important interests of the other side, it must inform the respective authorities concerned in good time (Article 3).
- Coordination of proceedings: Where both sides are acting in the same or related cases, the competition authorities may co-ordinate their enforcement actions (Article 4).
- Consideration of significant interests: Competition authorities are obliged to make reasonable efforts to take due account of any potential impact on the other side’s key interests (Article 5).
- Exchange of information: The exchange of information between the authorities is possible – but only within the framework of existing data protection regulations and, under certain circumstances, with the written consent of the company concerned. There is no general obligation to exchange information. In addition, the information may only be used to enforce competition law (Articles 6 and 7).
Impact on companies
The agreement primarily concerns regulations on anti-competitive agreements, abuse of dominant market positions and merger control – both in the EU and in the UK. Although the agreement does not apply directly to the member states, their competition authorities are involved. The planned coordination of the authorities will lead to more efficient procedures. At the same time, the protection of trade secrets and personal data will be safeguarded.
When will the supplementary agreement apply?
Before the agreement can enter into force, both the EU and the UK must finalise their national ratification procedures. The European Commission will prepare proposals for the Council decisions on signature and conclusion. In addition, the approval of the European Parliament is still pending.
Source: GTAI (in German)
