Blog


UK preparations for a ‘no deal’ Brexit – competition law

On 30 October 2018, the UK government published a draft version of a statutory instrument (Competition SI) and guidance issued by the Competition and Markets Authority (CMA) which, taken together, clarify how a 'standalone' UK competition regime would operate in the event of a 'no deal' Brexit scenario.  Though the Competition SI seeks to preserve as far as possible the current competition framework and policy, it makes specific provision for the immediate transition to such a standalone UK regime – in particular, confirming that the CMA, operating under newly repatriated powers, would be free to take jurisdiction over ongoing EU antitrust and merger reviews as of 30 March 2019.

Are we heading for a no-deal Brexit (and a General Election)?

Reading the political runes is a fool's errand in 2018. So, how can we assess the risk of a no-deal Brexit? There is no doubt that the consensus view among businesses is that it has gone from a theoretical but marginal possibility to a non-negligible outcome. It is now a focus for many contingency plans.

UK MHRA consults on no-deal Brexit legislation

The UK Medicines and Healthcare products Regulatory Agency (MHRA) has initiated a consultation on the legislation and regulatory processes for medicines, medical devices and related clinical trials that would need to be amended in the event of a “no deal” scenario, i.e. if the UK leaves the EU on 29 March 2019 without the framework for a future EU-UK trading relationship agreed or a transition period.

What would a no-deal Brexit look like for the UK chemicals industry?

The UK government has recently published a technical notice to guide businesses that produce, register, import or export chemicals on what they will need to do if the UK leaves the EU in March 2019 in a 'no deal' scenario i.e. where the UK has failed to secure a negotiated outcome. 

The UK’s post-Brexit approach to platforms and the digital sector

The Chancellor of the Exchequer’s statements of intent on a digital service tax and competition law reforms reinforce other recent indications that the UK government is looking seriously at making significant changes to the way it approaches online platforms and the so called “tech giants”.

No-deal Brexit: New guidance on producing and labelling food products

In the final batch of technical notices, the UK Government has provided guidance on what impact traders can expect on food labelling and packaging in the event that the UK exits the EU without a Withdrawal Agreement on 29 March 2019.

The apportionment of tariff rate quotas between the EU and the UK: Latest developments in the European Parliament

The proposal of the European Commission ("Commission") for a regulation on the apportionment of the tariff rate quotas ("TRQs") in the EU's WTO schedule of commitments, following Brexit ("Commission proposal") is making its way through the EU ordinary legislative process.


 

Brexit and data protection: Laying the odds

Among other things, 2018 will go down in history as the year of panics over data protection. First, it was the GDPR and its impossible deadline for compliance. Now it is Brexit and the uncertainty as to what it will mean. The famous phrase "Brexit means Brexit" is as cryptic today as it was two years ago. But now, with six months to go for the U.K.'s scheduled departure from the European Union, the uncertainty of not knowing what Brexit will look like seems paralyzing. The outcome of the Brexit negotiations – aimed at settling the terms of the future relationship between the U.K. and the EU – defies prediction, yet the need to prepare for Brexit's aftermath is pressing.

No-Deal Brexit: Technical notices on trading goods published

The UK Government has released a further batch of technical notices, providing guidance to businesses on the implications of an exit from the EU without a Withdrawal Agreement on 29 Mach 2019.

Worst Case Scenario: A "no deal" Brexit for producers

The UK government has recently published a further series of technical notices to guide businesses and citizens as to what they would need to do if the UK leaves the EU without a withdrawal agreement in place – the 'no deal' scenario.

HMT looks to create payments parachute for a cliff-edge Brexit

HM Treasury's draft Brexit Regulations for UK payment services and e-money activity aim to soften the practical impact of the EEA suddenly becoming, to all intents and purposes, a third country regulatory regime overnight. You need to be ready to engage quickly with the policy-makers on anything in the detailed textual changes that's likely to significantly affect your business. To kick things off, we outline some of the specific issues that the Regulations try to address below.

Data protection in the event of a “no deal Brexit”

As part of its preparations for a “no deal” scenario when the Article 50 negotiating period comes to an end on 29 March 2019, the Department for Digital, Culture, Media and Sport (“DDCMS”) has today released guidance on “Data protection if there’s no Brexit deal”. The UK will become a “third country” on its exit from the European Union, which means that unhindered cross-border transfers of data will no longer automatically be able to take place between the UK and the EU.