UK Merger Control Developments in Q1 2017

Introduction

This update covers Q1 2017.

In it, I investigate three questions.

  1. Whether the CMA’s willingness to accept undertakings in lieu (“UILs”) in phase 1 has increased in the last two years and, if so, why?
  2. What impact, if any, will Brexit have on UILs?
  3. Whether the CMA’s willingness to use GUPPI and IPR is declining?

In the second half of this update, I round up Q1 developments in de minimis and exiting firm.

To read this update please click here.

Just published – Exceptions from EU Free Movement Law – Derogation, Justification and Proportionality – edited by Panos Koutrakos

A collection of essays which brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement, has been edited by Panos Koutrakos, Niamh Nic Shuibhne and Phil Syrpis. Click here for further information.

Published by Hart Publishing, the book can be purchased, in its various formats. from the publisher’s website.

Piers Gardner and Counsel Magazine: Unclogging the court

”Brexit provides new context for the UK’s role in the Council of Bar and Law Societies of Europe – particularly its scrutiny of the European Court of Human Rights’ excessive caseload, as Piers Gardner explains.

Recognised as the voice of the European legal profession, the Council of Bar and Law Societies of Europe (CCBE) represents, through its members, more than one million European lawyers.”

To read the full article published by Counsel, please click here.

Jack Williams and Cambridge Law Journal: The protean principle of proportionality: how different is proportionality in EU contexts?

Written by Jack Williams

Cambridge Law Journal (2016) 75(2), 186-189

Examines the Supreme Court judgment in R. (on the application of Lumsdon) v Legal Services Board on the proportionality of the Quality Assurance Scheme for Advocates introduced for criminal advocates in England and Wales. Considers the impact of the court’s proportionality assessment in UK Administrative law, and analyses what the proportionality test requires in differing contexts.

Available on Westlaw.