Merger remedies: EU/UK divergence in a post-Brexit world?
Following the end of the transition period on 31 December 2020, the EU’s ‘one-stop shop’ principle ceased to apply to the UK meaning that mergers can now be subject to review by both the Competition and Markets Authority (the CMA) and the European Commission (the Commission).
This report provides an in-depth analysis of the 12 completed parallel review cases which have resulted in remedies or a prohibition being imposed by one or both the CMA or Commission since 31 December 2020. It includes statistics and analysis on the divergence between the CMA’s and Commission’s approach in remedies cases and the various lessons/trends that we and our contributors have drawn out. Finally, the report offers some reflections on what the first two and a half years can tell us and what to expect for parallel reviews going forward.
The final date for inclusion of developments in this report is 5 October 2023. Reference has been made to ongoing parallel investigations where necessary or if considered noteworthy.
The report also includes market commentary from leading experts from Linklaters, McGuireWoods and MLex.
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