Competition Law – Food Industry seeks No Deal Assurances

The discussions that would be necessary between suppliers and retailers to prioritise shipments in the event of a no-deal Brexit, leave those companies at risk of being fined by the Competition and Markets Authority (CMA) under rules that prohibit suppliers and retailers discussing supply or pricing.

The food industry’s governing body is seeking a formal waiver form the Government to the effect that competition law will not be strictly applied to those discussions.

Such waivers have been granted previously by CMA to defence procurement and it will be interesting to see if other industry bodies seek similar waivers in the coming weeks and whether the Government grants these.

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