Brexit and merger control in the EU: a proposed way forward

Abstract:

There has been some uncertainty among legal practitioners and commentators as to the legal effect that the UK’s withdrawal from the European Union will have on the conduct of merger control proceedings then pending before the European Commission under the EU Merger Regulation.

In this paper, the authors outline their views as to how the law as it presently stands ought to be interpreted and applied in respect of cases that are ongoing at the time of “Brexit”, and what measures (if any) may be required to ensure that there is legal certainty, administrative efficiency, and comprehensive application of merger control rules during that transitional phase.