17 March 2021
In Search of the Limits of Article 30 of the EEC Treaty Revisited
Eric White, an EU and Trade Law specialist in our Brussels office, has recently published an update to his seminal article ‘ In Search of the Limits of Article 30 of the EEC Treaty ’, published in the Common Market Law Review in 1986, that introduced the trading arrangements and market access...
11 February 2021
Subsidy Control in the UK following the end of the Brexit Transition Period
The EU State aid regime in its current form ceased to be applicable in the UK as at the end of 31 December 2020, when the Brexit transition period expired. Going forward, State aid or “subsidy control” in the UK will be based on the subsidy control chapter under the UK-EU Trade and Cooperation...
15 December 2020
When is the latest the EU and UK could agree the terms of their future relationship in time to apply at the 31 December 2020 end of transition?
When (and indeed if) agreement is reached, it will need to be ratified by both sides in order to come fully into force. However, given the extended negotiations and the very short time left, the UK and EU may need to use alternative routes to the usual ratification processes for the agreement to be...
19 June 2020
The European Commission adopts White Paper on how to address foreign subsidies in the EU internal market
On 17 June 2020, the European Commission (“the Commission”) issued a “ White Paper on levelling the playing field as regards foreign subsidies ” (“the White Paper”), launching a public consultation on a number of ambitious and far reaching possible options and legal instruments to address...
28 January 2020
The View from Brussels: Some critical issues for the future trade relationship
The European Commission has started a debate with the Member States on the shape of the Union's future trade relationship with the UK and has made its views public in a series of slides . The UK Government has so far not set out its position in anything like the same detail but has indicated a...
19 December 2019
The View from Brussels: Brexit - next steps and options to reconcile haste with ambition
Brexit now seems inevitable on 31 January 2020 but that is only the beginning of the process of defining a new relationship between the UK and the EU. Serious negotiations on that relationship will only start thereafter, hopefully as soon as February. In this View from Brussels, we look at how this...
15 March 2019
Financial Services and the WTO in the context of Brexit
The EU Financial Affairs Sub-Committee of the House of Lords held a public meeting on financial services and the World Trade Organisation (WTO) on 13 March 2019. Eric White, a Consultant in the Brussels office of Herbert Smith Freehills gave evidence to the Sub-Committee as did Dr Lorand Bartels of...
04 February 2019
The View from Brussels - Using EU law to improve the Brexit deal along the lines requested by the UK Parliament
The UK Parliament has rejected the negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations and has mandated the Government to seek an alternative to the most contested element – the Protocol on Ireland/Northern Ireland, commonly...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
05 February 2018
Brexit 'The view from Brussels' – developments in January
January was dominated by the strikingly public discussion of the content of the next supplement to the negotiating guidelines that the European Council finally adopted on 29 January. We discuss some features of these guidelines and their significance for the negotiations below. There was also much...
19 December 2017
THE VIEW FROM BRUSSELS - DEVELOPMENTS IN NOVEMBER AND DECEMBER
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a regular view from our Brussels office on recent developments and the state of the negotiations.
12 December 2017
Political intervention in M&A - Is the tide turning?
Political intervention in cross-border acquisitions is on the increase globally, against a back-drop of protectionist rhetoric in some countries: the blocking by President Trump of the bid by China-backed Canyon Bridge for Lattice Semiconductor being the latest high-profile example. Jurisdictions...
03 February 2023
New UAE Commercial Agencies Law comes into force
Last year, we published an e-bulletin on the key changes that had been announced to the draft UAE Commercial Agencies Law. Following the passage of Federal Law No. 3/2022 in December 2022 (the " Commercial Agencies Law "), these changes are now in-force. Below we have provided a re-cap of the key...
25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...
23 January 2023
How hard is it? The Takeover’s Panel consults on guidance for exclusivity granted at the non-binding bid stage
Following two Takeovers Panel decisions that found pre-deal exclusivity and other deal protection arrangements to be unacceptable, the Takeovers Panel has now commenced consultation on proposed new guidance on deal protection granted in respect of non-binding proposals. Most importantly, the...