Brexit

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Brexit has happened.  The UK is no longer an EU Member State.  What does that mean for competition law in the UK?

Has Anything Changed?

In the short term, nothing will change.  Until the end of the transition period set out in the UK Withdrawal Agreement, the rights and obligations of EU law continue to apply just as they did before.  That transition period is due to end on 31 December 2020, unless both sides agree to an extension.  So far, the UK Government has refused to consider a possible extension and has even sought to legislate against one.
Continue Reading UK Competition Law After Brexit – Plus Ça Change…

Brexit has happened.  The United Kingdom is no longer part of the European Union or the European Economic Area.  But in the short term, nothing really changes.  The UK has entered a transition period during which it remains bound by EU rules and trade policy.

Until the end of the transition period, which is set out in the UK Withdrawal Agreement, the rights and obligations of EU law continue to apply in the UK largely as they did before, although the UK will be outside the EU’s decision making institutions.  The transition period is due to end on 31 December 2020, unless both sides agree to an extension.  So far, the UK Government has refused to consider a possible extension and the UK Parliament has even legislated to prohibit the Government from agreeing one. Parliament can of course undo the prohibition but, at this point, an extension looks unlikely. Under the Withdrawal Agreement any extension must be agreed with the EU by June 2020.
Continue Reading Brexit: No Change Until end-2020; Uncertainty Thereafter

On November 14, 2018, almost a year and a half after the British public voted to exit the EU, the UK and EU reached agreement on the terms of separation manifested in a draft Withdrawal Agreement.  This draft text updates an earlier version published in March 2018. Subsequently, on November 22, the EU and UK published the accompanying draft Political Declaration that sets out key principles of the future relationship.  On November 25, the European Council endorsed these two texts.  This post summarizes the key outcomes with respect to trade in goods, the continued applicability of EU law and European Court of Justice jurisdiction, and dispute settlement during the transition period, as well as the framework for the EU and UK’s future relationship.
Continue Reading The EU and UK Agree on Arrangements for Brexit Transition Period and Future Relationship Framework

On September 13, 2018, the Taxation (Cross-border Trade) Bill received Royal Assent, formalizing its application into UK law as an Act of Parliament.  This date marks less than one year since the Cross-border Trade Bill, also referred to as the “Customs Bill”, was first brought before the House of Commons.  The initial scope of the Customs Bill, as well as the accompanying Trade Bill, was discussed in a previous blog post.
Continue Reading UK Parliament Passes Trade and Customs Legislation in Shadow of Brexit Uncertainty

On 18 May 2018, the European Commission announced its intention to expand Council Regulation (EC) 2271/96 of 22 November 1996 (the “Blocking Regulation”) in order to discourage European companies from complying with newly re-imposed U.S. Iran-related sanctions. On 6 June 2018, the European Commission adopted a delegated regulation to enact these changes, which will come into force by 6 August 2018 (the date when the first wind-down period for the U.S. secondary sanctions on Iran expires), provided the EU Parliament and Council do not have objections.

This blogpost considers how the Blocking Regulation will work in practice for UK and European companies, in particular in light of the UK’s departure from the European Union (“EU”) in 2019.
Continue Reading The Blocking Regulation and Brexit: the Effect of U.S. Sanctions in a Changing Europe

On 24 May 2018, the Sanctions and Anti-Money Laundering Act 2018 (the “Act”) received Royal Assent, marking the conclusion of its passage through Parliament and its entry into law. The sanctions powers under the Act are expected to be exercisable following the UK’s withdrawal from the European Union in March 2019 (“Brexit”).[1] This blog post takes a look at the sanctions provisions in the Act and explores how the UK’s sanctions regime might look following Brexit.
Continue Reading UK Passes New Sanctions Legislation

On January 18, 2018, the European Commission launched a call for proposals on  regulatory cooperation activities envisaged by the EU-Canada Comprehensive Economic and Trade Agreement (“CETA”).   (See our previous post for further details on the provisional application of CETA). The Commission is seeking views from all interested parties on the scope of issues for potential regulatory cooperation in order to prepare for the first meeting of the RCF, tentatively scheduled to take place in mid-2018.
Continue Reading European Commission’s Call for Proposals on Regulatory Cooperation under CETA

In preparation for its independent trade remedy framework, the UK government has launched a Call for Evidence on November 28, 2017 to identify UK businesses that produce goods currently subject to EU anti-dumping or anti-subsidy measures. Currently, all trade remedy activities applying in the UK (for example investigations, decisions, and monitoring) are undertaken by the European Commission under the EU’s common commercial policy.  Post-Brexit, the UK plans to operate its own trade remedy regime through the “UK Trade Remedies Authority”. (See here for our previous post on the trade and customs bills establishing these powers.)
Continue Reading UK Government Seeks Views from Businesses on Maintaining Existing Trade Remedy Measures Post-Brexit

In November 2017, the UK Government took its first legislative steps in preparation for its post-Brexit trade regime.  On November 7, the Trade Bill was introduced for a first reading in the House of Commons.  Separate from the imminent trade deal it must strike with the EU (once progress on Brexit withdrawal negotiations are deemed satisfactory by all parties concerned), the UK is now sketching out its own international trade powers that will allow it to shape its relationships with partners worldwide.

Subsequently, on November 20, the Taxation (Cross-Border Trade) Bill (the “Customs Bill”) was introduced for a first reading in the House of Commons.  The core elements of these two bills are described below.
Continue Reading UK Government Prepares for Post-Brexit Trade and Customs Regimes in Two New Bills