INTERNATIONAL: UNITED-KINGDOM - EUROPEAN UNION - MERGER CONTROL - REFORM - BREXIT

Brexit: Balancing UK and EU merger control

The merger control regime in the United Kingdom (UK) and at the European level is increasingly under the spotlight. In the UK, a key factor is the UK’s exit from the European Union (Brexit), where, as a consequence, the UK is likely to lose the benefit of the “one-stop shop” under the EU Merger Regulation (EUMR). This article sets out the key challenges faced by the CMA, as well as the steps that have been taken and that are planned to ensure that UK merger control is as efficient and effective as possible to meet the needs of consumers and businesses under the CMA’s enforcement goals. This article will primarily focus on the UK merger control regime, but where relevant it will make references to the proposals and changes intended by the EU and other competition authorities.

I. Defining the issues 1. At the time of writing, there are still many uncertainties around the terms and timing of Brexit. Many of these uncertainties will have a significant impact on the UK’s merger control landscape and the CMA’s interaction with the EU regime. 2. The first part of this article will address the impact Brexit will have on the merger review process and sets out the steps the UK CMA has taken to ensure its readiness. The second part focuses on the internal review processes and the changes, if any, required to address challenges posed by Brexit. Lastly, the article will cover the CMA’s position on international cooperation and its global aspirations. 1. Brexit – Impact on mergers 3. It has already been widely reported and discussed that the key impact of Brexit on UK

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Authors

  • British Competition Authority - CMA (London)
  • British Competition Authority - CMA (Edinburgh)

Quotation

Joel Bamford, Aiste Slezeviciute, Brexit: Balancing UK and EU merger control , November 2019, Concurrences Review N° 4-2019, Art. N° 92056, www.concurrences.com

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