Brexit – impact of the Withdrawal Agreement for merger control

This post was first published on our Competition Notes blog.

On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during the transition period and after, and highlights some key timing issues that will be relevant for deal planning during the course of this year.

In brief, during the transition period, which runs until 31 December 2020, the EUMR and UK merger control regimes will operate in the same way as they did prior to 31 January 2020 (Exit day), as if the UK were still an EU Member State.

Although the UK is now no longer a Member State, the provisions in the Withdrawal Agreement relating to the transition period provide that (unless expressly provided otherwise in the Withdrawal Agreement) EU law is to be applicable to and in the UK so as to produce the same legal effect as it did prior to the UK’s exit from the EU. Any references to Member States in EU law, including EU law as implemented by Member States, is to be understood as including the UK during the transition period.

Read the full briefing here.