The updated Antitrust and Merger Control section of our Brexit Legal Guide is now available.

This provides a useful overview, amongst other things, as to whether:

  • during the transition period, the CMA will apply EU competition rules when investigating conduct with an effect on trade between Member States;
  • for cases in progress at the end of the transition period the Commission continues to be competent for administrative procedures initiated before the end of the transition;
  • after the transition period ends the CMA and concurrent regulators will have jurisdiction to investigate suspected infringements under the Chapter I and Chapter II prohibitions of the Competition Act 1998;
  • after the transition period ends new Commission infringement decisions will have a binding effect on the UK courts;
  • during the transition period the EU Merger Regulation (EUMR) and UK merger control regimes will operate in the same manner as prior to 31 January 2020; and
  • after the transition period ends the EUMR will continue to apply in the UK.

If you would like to discuss specific arrangements for support through the risks of the move to an uncertain future relationship, on how you might express the concerns of your business to governments, on dispute risks that may arise, or on any other questions or challenges you have, please do contact your regular Herbert Smith Freehills relationship contacts, or otherwise any of our experts listed here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.