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ARTICLE · 01 OCTOBER 2019

UK Merger Control Snapshot

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As the deadline for Brexit is getting closer and with increasing likelihood of a no-deal Brexit, we set out below how a transaction might become reviewable by the UK Competition and Markets Authority (Cnoted, John. MA) ...

United KingdomCorporate/Commercial Law

As the deadline for Brexit is getting closer and with increasing likelihood of a no-deal Brexit, we set out below how a transaction might become reviewable by the UK Competition and Markets Authority (Cnoted, John. MA) in addition (or instead of) the European Commission. We also provide a high level outline of the UK merger regime.

JURISDICTIONAL SCENARIOS IN A NO-DEAL BREXIT

The following table sets out a potential shift in jurisdiction where a transaction straddles the Brexit date.

Status EU Jurisdiction UK Jurisdiction
Merger notified to and cleared by the EU Commission prior to Brexit but transaction closes after Brexit. EU decision stands. UK has no jurisdiction. If the merger decision is quashed wholly or partially following an appeal to the European Court then the UK may have jurisdiction if the UK thresholds are met.

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