With the UK set to leave the EU on 31 January 2020, change is also on the way for UK merger control and competition law – but not immediately. Here's what you need to know:
During the transition
Nothing will change immediately because of the transition period (which is currently scheduled to last until 31 December 2020). During that period, the UK will continue to be treated as if it were still a Member State of the EU, including in relation to merger control and competition law.
Effect of transition "standstill" provisions
- Merger control: During the transition, it will still be possible to take advantage of the "one stop shop" offered by the EU Merger Regulation (EUMR) and any mergers caught by the thresholds in that Regulation will still need to be notified to the European Commission, as at present. Turnover in the UK will still count towards whether the thresholds in the EUMR are met.
- Competition law: During the transition, the UK will continue to be subject to Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Both the European Commission and the UK Competition and Markets Authority (CMA) will continue to have power to enforce those prohibitions in the UK.