CMA Brexit Draft Guidance On 28 January 2019 the UK Competition and Markets Authority (‘CMA’) issued draft guidance on the effects of any no-deal Brexit on the CMA’s functions and its enforcement approach. This guidance has been made more urgent by the continuing UK political divisions that have plagued the Brexit process and which could…
The UK’s expected separation from the European Union (EU) on 29 March 2019 (Brexit Date) will re-cast the process by which parties pursuing global mergers secure their antitrust approvals. It will also reshape the potential exposure that parties face when subjected to global investigations of anticompetitive conduct. As Brexit rapidly approaches, businesses increasingly seek guidance…
The UK Government has recently indicated its intention to transpose the EU State aid rules into domestic legislation, even in the event of the UK exiting the EU without a Withdrawal Agreement on 29 March 2019. This was made clear in a “no deal” Brexit technical notice on State aid (the “notice”) published, alongside 24…
On 12 July, the UK Government published a White Paper setting out its proposal for a future UK-EU relationship, following Brexit. The type of UK-EU relationship which this envisages is unprecedented, reflecting from the UK’s perspective, the UK’s unique circumstances as a current EU Member State in full regulatory compliance with EU rules, and a…
The Government has given its strongest indication yet that a domestic State aid regulatory regime, substantively similar to the EU State aid regime which applies today, will be in place at the end of the Brexit transitional period, with the Competition and Markets Authority (CMA) taking on the role of State aid regulator. Preparations to…
On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)[1]. On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters,…
Dispute Resolution This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017[1] (the “Notice”). The Notice has received widespread press attention, due to its stark warnings about the risks of choosing to litigate in the English Courts post-Brexit. We consider whether the Notice is factually accurate (yes), whether it…
With her delivery of the UK’s Article 50 notice on March 29, Theresa May has launched the two-year negotiating process leading to the first exit of a Member State from the European Union (EU). The negotiations will affect virtually every economic and policy area in Europe, including competition policy. These effects will be felt first…
We live in a rapidly changing world. The monikers of change are well known to all of us. Trump. Brexit. Eddie Jones. The future is unpredictable. As Joe Cocker sang, “who knows what tomorrow brings”? But let’s climb aboard Elon Musk’s innovative SpaceX Falcon 9 for a moment. Let me take you to another world….
A Brexit Competition Law Working Group has been formed, chaired by Sir John Vickers. The other members are Jon Turner QC, Amelia Fletcher, John Fingleton, Sir Nicholas Forwood, Ali Nikpay and Richard Whish. The aim of the group is to stimulate debate and develop practical policy suggestions for Government on issues for UK competition law…
