The UK competition regime under a no-deal Brexit scenario

On 30 October 2018 the Government published a draft SI amending current UK competition legislation where necessary in order to make the legislation suitable in a no-deal Brexit scenario. The Competition (Amendment etc.) (EU Exit) Regulations 2019 (The Regulations) provide for changes to the following legislation:

  • The Competition Act 1998 and secondary legislation issued under it
  • The Enterprise Act 2002 and secondary legislation issued under it
  • EU Block Exemption Regulations
  • Other legislation containing competition provisions

The Regulations also repeal a number of EU Treaty rights, EU competition Regulations and EU Commission decisions which are specific to the EU competition regime and will no longer be relevant once the UK leaves the EU without a Brexit deal.  Continue reading

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Further statutory instruments for a ‘no-deal’ Brexit published

The Government has published further final and draft statutory instruments to make the changes to legislation required in the event of a hard Brexit, i.e. if the UK leaves on 29 March 2019 without a deal. Continue reading

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Filed under Competition, Corporate

New podcast available: 5 Months to Brexit: Hanbury Strategy and the Institute of Directors

In today’s update to our Brexit series on the Herbert Smith Freehills Podcast channel Tom Henderson from our London office is joined by Ameet Gill, Partner at Hanbury Strategy, and Allie Renison, Head of Europe and Trade Policy, Institute of Directors Continue reading

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Filed under UK-EU negotiations

New ‘Perspectives from Asia’ podcasts available: ‘Interview with the British Embassy in Tokyo’ and ‘The view from the UK’

The latest additions to our Brexit series on the Herbert Smith Freehills Podcast channel are: Continue reading

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Filed under Financial services, UK-EU negotiations

Webinar: 5 months to Brexit – what can businesses do to prepare?

On 25 October 2018, Paul Butcher and Tom Henderson were joined by Ameet Gill, Partner at Hanbury Strategy, and Allie Renison, Head of Europe and Trade Policy, Institute of Directors to deliver a webinar ‘5 months to Brexit – what can businesses do to prepare?’ The webinar considered the current state of the negotiations following the October EU Council summit, the possible options ahead and how businesses should be preparing for Brexit. If you would like to access the recording, please contact Jane Webber. Continue reading

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Filed under Article 50, UK-EU negotiations

New Podcasts available: ‘The Impact on Existing and Future Contracts’ and ‘Will Brexit allow parties to bring their contracts to an end?’

In the latest update to the Brexit series on our Herbert Smith Freehills Podcast channel, Paul Butcher, Julie Farley, Maura McIntosh and Tom Henderson discuss what businesses need to know about the impact of Brexit on their English law governed existing and future contracts. We have released two new podcasts: Continue reading

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Filed under Corporate, Disputes

New podcast – Brexit: dispute resolution between the EU and the UK, under the withdrawal agreement and in the event that there is “no deal”

The post below was first published on our PIL blog

At a critical time in the Brexit negotiations, in the latest podcast on the Herbert Smith Freehills Podcast channel, Andrew Cannon and Hannah Ambrose discuss dispute resolution between the UK and the EU. They look at the way in which the withdrawal agreement may be enforced, including the possible role of the CJEU, as well as considering how disputes may be resolved in the event of “no deal”. Continue reading

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Filed under Arbitration, Disputes, Public international law

Corporate ‘no deal’ technical notes and FCA consultation papers

The UK Government has published its final batch of technical notices on the impact of a “no deal” EU exit on 29 March 2019. The FCA has also published two consultation papers in relation to Brexit. Continue reading

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Filed under "No Deal" UK papers, Corporate

FINAL BATCH OF UK GOVERNMENT’S BREXIT ‘NO DEAL’ TECHNICAL NOTICES RELEASED

Today, the UK Government released the fourth batch of technical notices about the impact of a “no deal” scenario at the end of March 2019. These are available here. This fourth batch is of 29 and includes notices on trading electricity, trading gas, existing free trade agreements, commercial fishing and consumer rights. Continue reading

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Filed under "No Deal" UK papers, Consumer, Energy, Trade

New Podcast Available: Analysing a “no-deal” Brexit – an Asian investor’s perspective

In the latest update to the Brexit series on our Herbert Smith Freehills Podcast channel, Lewis McDonald, Christopher Hunt, Joseph Fisher and Michael McErlaine in our Tokyo office analyse the implications of Brexit from the perspective of an Asian investor.  Continue reading

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Filed under UK-EU negotiations