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On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. At the same time the text of a proposed Council Regulation was published which set out inmore detail the proposed new EU system. These proposals are similar in nature to those proposed by the UK in the Queen’s speech a few months ago. This proposal had been widely –Read More–

Introduction The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare for the publication of this piece of legislation which is largely procedural. But, make no mistake, this is a seminal moment in the UK’s constitutional history and the Bill is likely to be rated as one of the most significant pieces of –Read More–

On 11 July 2017, Ofcom, the UK Communications regulator, issued a statement relating to the forthcoming mobile spectrum auction for 2.3 and 3.4 GHz bands. The auction is to make available additional spectrum to facilitate the provision of 4G/5G connectivity and is driven by the increased popularity of band hungry mobile data services. Ofcom’s concerns centre on the possible adverse effect to competition on the mobile market which may result if restrictions are not placed upon which operators can bid –Read More–

You couldn’t really make it up! First there was the surprise result in the Brexit referendum last year. Then it was the unexpected Trump victory in the US Presidential election. Now following yesterday’s UK General Election we have a Conservative party with no overall Parliamentary majority tasked with having to navigate a UK withdrawal from the European Union in the most difficult negotiations this country has faced since the end of the Second World War. The unpredictability of electorates appears –Read More–

The European Securities and Markets Authority (ESMA), issued an aggressive Opinion on the 31 May 2017, aimed at dashing the hopes of letterbox subsidiaries in the EU. The Opinion also sought to govern growing competition between EU Member States for business relocating as a result of Brexit. The central aim of the Opinion, seems to be a warning that UK firms would not be able to use ‘letterbox’ subsidiaries in the EU to gain access to the single market. Banks –Read More–

In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on the 16 May 2017 opened up the ability of the EU institutions to negotiate free trade agreements without the approval of individual Member State legislatures. The case, which involved a Singapore-EU trade deal agreed some years ago but not yet ratified, is being seen as a blueprint for a way to get a future Brexit deal through the EU –Read More–

The UK Supreme Court (the “Court”) in its most important and far reaching judgment to date decided that the UK Government has to seek the approval of the UK Parliament before issuing an Article 50 notice to begin the process of leaving the European Union. In its eagerly awaited judgment in the Miller case – R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) – the Court ruled on 24th January –Read More–

Prospects for an early post-Brexit trade deal between Britain and the US are remote, despite what British ministers may hope for and recent comments from the man being inaugurated as US president today. On this side of the Atlantic, Theresa May set out her vision of Brexit and the UK’s negotiating position in in her Brexit speech earlier this week. For the first time since the referendum last June, we now know what “Brexit means Brexit” actually means. Brexit means –Read More–

On 17 January 2017, the UK Prime Minister, Theresa May, gave a historic speech regarding Brexit and the UK’s negotiating position. For the first time since the Brexit vote in June 2016, the UK Government has officially announced that the UK will not be seeking access to the Single Market or seeking to replicate any existing trade arrangement as those enjoyed by countries such as Norway, Switzerland or Turkey. Whilst the speech will be the subject of considerable media comment, –Read More–

Should Parliament have a say over whether Britain could remain in the European Economic Area? Introduction The UK Government faces yet another challenge over its determination to take the UK out of the EU and the EEA Single Market without Parliamentary approval which could further complicate Brexit. The British people on 23rd June 2016 confirmed through the EU referendum result they wanted to leave the European Union. However the big question the EU referendum result did not address was what –Read More–

The UK Supreme Court on 18th November 2016 gave permission to the Lord Advocate of Scotland, on behalf of the Scottish Government , to intervene in the UK Government’s forthcoming appeal against the English High Court’s decision that the UK Government can only trigger Article 50 with the consent of the UK Parliament . The Welsh Government was also given permission to intervene as well. However the Scottish intervention is potentially significant to the Brexit process given its unique legislative –Read More–

The European Commission’s state aid decision against Apple and Ireland could have consequences for other multinational companies In a highly politically charged decision, the European Commission has decided that Ireland granted Apple illegal state aid amounting to €13 billion as a result of selective tax treatment. It is believed that the Commission is currently reviewing more than a thousand similar types of tax rulings, involving other EU member states and companies, as part of its ongoing investigation into their granting –Read More–

After what seemed like an eternity, but in reality has only been a few months, the Prime Minister announced on 2 October 2016 that Article 50 of the Treaty of the European Union would be triggered in March 2017, starting a two year countdown to the UK leaving the EU. Alongside what has become the world’s most famous procedural announcement, the Prime Minister laid out her Government’s first stab at legislative direction, but stating that there would be a ‘Great –Read More–

On 9 August 2016, following their retail banking market investigation, the Competition and Markets Authority (CMA) concluded that large banks well established in the personal and small business retail market do not have to compete hard enough for customers with smaller and newer banks. To tackle this issue, and to enable customers to make more informed choices when deciding which bank to open an account with, the CMA has adopted several new requirements to which retail banks in the UK –Read More–

The recent Communication from the European Commission on cross-border e-commerce is likely to have a significant impact on online trading within the European market. The proposals are designed to break down artificial barriers created by online suppliers that restrict the freedom of choice for online buyers located in different EU member states. The final version of the proposals is expected next year with legislation coming into force in mid-2017. It is therefore advisable that online suppliers closely follow the debate –Read More–

On 1 July 2016, the UK High Court held in the case of The Software Incubator Limited -and- Computer Associates UK Limited that intangible software may qualify as “goods” for the purposes of the application of the Commercial Agency Regulations 1993 (“the Regulations”) (implementing Council Directive 86/653/EEC on the co-ordination of the laws of EU Member States relating to self-employed commercial agents). This decision marks a significant movement in the law. Previous case law had explicitly excluded software which was –Read More–

Car rental sales in the United Kingdom amount to an estimated £1.2 billion industry. However attempting to rent a car normally means surfing through various price comparison websites in search of a easily understandable and affordable deal with no hidden charges only to be surprised at the last minute by an unexpected but unavoidable charge. In a crackdown on price comparison websites who are often found to blur the real cost of renting a car, the UK’s Competition and Market –Read More–

What you need to Know? Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past. The UK is still a member of the EU and until it negotiates an exit deal or the two year period for the re-negotiation for such a deal expires the UK remains a full member of the European Union –Read More–

As cloud storage has widely spread, there have been growing concerns from the UK authorities about whether consumer rights are effectively protected. New guidelines for consumers and a new checklist for industry bring fresh obligations to providers, who should follow the new developments closely. The Competition and Markets Authority (CMA) recently launched a review of compliance with consumer law in the cloud storage industry. In this context, it is critical for companies offering cloud storage services to keep abreast of –Read More–

Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the EU, or exit (a so called “Brexit”). As many readers will be aware, there is no certain answer on what effect, whether positive or negative, Brexit would have on the UK economy or individual sectors of it. Below, we summarise a few key considerations when considering the effect of Brexit on the –Read More–