UK merger control will face challenges after Brexit

Author: Amélie Labbé | Published: 2 Feb 2017

Brexit is expected to have huge implications in many areas, and merger control is no exception. According to speakers at IFLR’s European In-House Counsel Summit last week, Brexit doesn’t mean that the EU competition law framework is something UK companies and regulators will be able to forget.

Even if section 60 of the UK Competition Act – which mandates that UK rules are applied consistently with EU law – ceases to apply post-2019, it looks likely that there will be a grandfathering provision to ensure stability.

While the one-stop-shop clearance principle will cease to apply to the UK, it is widely expected that the post-Brexit landscape will mean parallel filings in the UK and in the EU in the event the merger is of international dimension. One area where this will be visible, for example, is antitrust as many cartels tend to be international in scope....