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Deal-makers on cross-border transactions now need to think about UK merger control more often. Save for in a small number of cases formally initiated by the European Commission before the end of 2020, the UK Competition and Markets Authority ("CMA") is now unshackled from the "one-stop shop" of the EU merger control regime, able to pursue its own merger control investigations into international transactions in parallel with those of other authorities. 

The story behind the headline...

Since the end of the transition period on 31 December 2020, there have been numerous reports of businesses struggling to deliver goods and even halting deliveries to customers in Northern Ireland. Why is Northern Ireland in this difficult position despite remaining a part of the UK following Brexit? Laura Hodgson, Knowledge Counsel, discusses the newly in force Northern Ireland Protocol, agreed as part of the Withdrawal Agreement in 2019, and the VAT and custom duty charges on goods entering Northern Ireland from other parts of the UK.

The story behind the headline...

Throughout January, papers and media websites were full of stories about people being asked to pay large and unexpected tax and custom duties charges on the arrival of goods from the EU. So, what is this so-called Brexit tax and why is it being charged when the UK and EU have agreed a zero tariff Brexit deal?

The Trade and Cooperation Agreement (TCA) signed by the UK and EU in December 2020 contains a number of provisions which may constrain the UK's scope to make changes to employment law. In practice, how significant could these constraints prove to be?

The scope and application of the AIFMD portfolio company provisions - including the "anti-asset stripping rules" – have changed significantly as a result of Brexit. This briefing highlights how these changes may affect your firm.

Brexit Transition Period comes to an end…

At 11 p.m. on 31 December 2020, the Transition Period (during which the UK was effectively treated as still part of the EU) came to an end. In our previous article, "Social Security and Brexit: Where are we now?", we highlighted the risks faced by UK employers with employees working in the EU if no agreement on social security coordination was reached by that point. 

The Trade and Cooperation Agreement (TCA) signed by the UK and EU in December 2020 contains few provisions which are directly relevant to M&A – but there are provisions on investment and the end of the Brexit transition period is likely to have a significant impact, both on M&A and the wider investment landscape.

Our round-up of recent developments in law and practice for in-house counsel. 

The role of the ICO post-Brexit

The ICO is the UK’s independent regulator who oversees and enforces the UK’s data protection regime. From 1st January 2021 as the ICO’s website states “… the UK General Data Protection Regulation together with the amended Data Protection Act and Privacy and Electronic Communications Regulations will comprise the personal data protection legislation in the UK.”  The Trade and Co-operation Agreement (ETCA) agreed between the UK and the EU on 24^th December 2020 agreed a ‘data-bridge’ which provides for the continued free flow of personal data from the EU and EEA EFTA States to the UK until adequacy decisions are adopted, and for no longer than six months.

This briefing was updated on 12 February 2021.

As one of the key sticking points in negotiations leading up to the trade deal agreed on 24 December 2020, the future of the UK's state aid regime has been uncertain ever since it was determined that the UK was to leave the EU. However, with terms now agreed between the EU and UK on the control of subsidies in each jurisdiction, some clarity has been provided for UK and EU businesses alike on this contentious issue.

The Trade and Cooperation Agreement (TCA) between the UK and the EU, which took effect on 1 January 2021, dedicates an entire chapter to digital trade arrangements, such as the supply of goods and services through online channels. This is the first time an EU trade agreement has included a specific chapter of this nature and marks the importance of digital trade between the two jurisdictions.

As the dust settles on the EU–UK Trade and Cooperation Agreement, and the majority of businesses have returned after a break of some kind at the end of 2020, the end of the Brexit Transition Period means that UK (and some EU and EEA) users of derivatives find themselves in a new regulatory environment.

The end of the post-Brexit transition period on 31 December 2020 has brought with it some changes for those involved in civil litigation with an EU element. Generally, proceedings which are already on foot will be unaffected, whereas litigants involved in new proceedings with an EU element may now face a slightly bumpier procedural ride and some increased cost.

Key employment and business immigration developments for employers.

Updated 31 March 2021

Updated 26 February 2021

This briefing was updated on 8 February 2021.

The Trade and Cooperation Agreement (TCA) between the UK and the EU agreed just before Christmas was hailed by the Prime Minister as a deal which offers significant new freedoms for the UK (as compared with EU membership), whilst at the same time providing certainty and substantial economic benefits for business. But how far do those claims match what the agreement actually says? 

At the eleventh hour, Parliament yesterday approved the European Union (Future Relationship) Bill, sealing the UK's approval of the 1,259-page Trade and Cooperation Agreement reached between the EU and the UK on Christmas Eve. The final Parliamentary stages were completed swiftly afterwards and the Agreement will apply on a provisional basis pending formal ratification from the EU, expected by the end of February 2021.

This briefing was updated on 14 January 2021 to reflect the provisions of the UK-EU trade deal.

Public procurement rules affect the way that government and other bodies controlled or funded by the state award contracts to the private sector. The current rules in the UK are heavily influenced by EU legislation.