Share on LinkedInShare on LinkedIn

ARTICLE · 06 JULY 2016

Brexit And Competition Law

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Contributor
Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

Founded on a century of legal achievements, Shardul Amarchand Mangaldas & Co (SAM & Co) was born...

View firm profile
Explore more from Shardul Amarchand Mangaldas & Co

"Brexit" – the departure of the UK from the European Union – has been approved by a majority of voters in the recent referendum.

United KingdomAntitrust/Competition Law
John Handoll
John Handoll
Author LinkedIn connections

"Brexit" – the departure of the UK from the European Union – has been approved by a majority of voters in the recent referendum. Just when the process will start remains unclear. The date when the UK will formally notify the European Council of its intention to withdraw (Article 50 of the Treaty on European Union) is not yet decided, and after that it is likely to take two years or more before withdrawal actually happens. There even seems to be a slender chance that Brexit will not happen.

A lot is to be played out and played for. More than forty years of membership – the span of most people's working life – has created a cast of mind and complex legal structures which it will not be easy to displace and replace. The future character of the UK and its relationship with the EU and its other partners is a work in progress, and we are at the very beginning of an uncertain process. Various models of future engagement with the EU and the rest of the world are being mooted.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European UnionAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

UK Competition And Markets Authority Publishes Final Revised Merger Efficiencies Guidance

The UK's Competition and Markets Authority has published revised guidance on assessing merger efficiencies, marking a significant shift toward greater receptivity to efficiency-based arguments in merger reviews. The new provisions introduce more flexible evidentiary standards, recognize the potential role of behavioral remedies in securing efficiencies, and encourage parties to advance efficiency claims earlier in the review process without implying acceptance of competitive concerns.
United KingdomAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

A Precedent For The Platform Age: The Booking/eTraveli Judgment And Its Implications For Digital M&A

The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective
United KingdomAntitrust/Competition Law
Slaughter and May
Slaughter and May
Article

Few Surprises, As The CMA Finalises Its Revised Approach To Merger Efficiencies

The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.
United KingdomAntitrust/Competition Law
Macfarlanes LLP
Macfarlanes LLP
Article

UK FCA Accepts Novel Commitments Package To Resolve Antitrust Investigation Into Commodity Futures Traders

The UK Financial Conduct Authority has accepted binding commitments from 11 day traders following an investigation into suspected exchange of competitively sensitive information and coordination of trading strategies in commodity futures markets. The decision highlights critical compliance priorities for firms operating trading arcades and shared trading infrastructure, while leaving key legal questions deliberately unanswered. What does this enforcement action signal about the FCA's approach to antitrust e
GlobalAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

No GST On Assignment Of Industrial Leasehold Rights: Bombay High Court Grants Relief To Industrial Lessees Holding MIDC Plots

In Aerocom Cushions Private Limited v. Assistant Commissioner (Anti-Evasion), CGST & CX, Nagpur-1, the Nagpur Bench of the Bombay High Court quashed a Show Cause Notice demanding Goods and Services Tax (“GST”) on the assignment of leasehold rights in an industrial plot allotted by the Maharashtra Industrial Development Corporation (“MIDC”). The Court held that such an assignment constitutes a transfer of benefits arising out of immovable property and does not amount to a “supply of service” under the Central Goods and Services Tax Act, 2017 (“CGST Act”).
IndiaTax
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

From Beneficiary To Promoter: The Bombay High Court On Housing Society Liability Under RERA

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) was enacted to protect homebuyers and promote transparency and accountability in the real estate sector. A key feature of the Act is the definition of “Promoter” under Section 2(zk), as it determines the persons or entities that bear statutory obligations and liabilities towards homebuyers.
IndiaReal Estate and Construction
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co