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With just 21 hours to go before a "no deal Brexit", Prime Minister Theresa May agreed an extension to the Article 50 period with EU leaders, which means the UK's potential exit from the EU on 12 April 2019 will not now happen and the UK continues as an EU member for the time being.
On 2nd April 2019 the European Commission concluded that a tax break introduced in the Finance Act 2012 constitutes unlawful State aid to certain multi-national businesses.
The UK Government has laid a Statutory Instrument The European Union (Withdrawal) Act 2018 (Amendment) Regulations 2019 which delays Brexit until either 11pm on 12th April 2019 or 11pm on 22nd May 2019.
Comment by Jonathan Branton, Head of EU and Competition at DWF.
The European Commission has announced it is extending seven State aid Regulations and guidelines which would otherwise have expired on 31 December 2020. The exemptions, which include the commonly used General Block Exemption Regulation (GBER) and De Minimis will now expire on 31 December 2022. The Commission has also opened a consultation exercise on whether to further prolong or refine the rules after 2022.
Recent developments on “Gun Jumping”
A new UK merger control regime affecting transactions with implications for national security comes into force on 11 June 2018. It will result in many smaller deals than previously becoming subject to the risk of investigation by the UK Competition and Markets Authority (CMA) and the UK Department for Business, Energy & Industrial Strategy (DBEIS).
There remains no guarantee that, from the intended Brexit day of 30 March 2019, the current tariff-free movement of goods between the two territories will not cease. Various models for future relationships are in debate, but the UK is currently ruling out the simplest (and least change) model of remaining in a customs union with the EU.
The Court of Appeal has concluded that software supplied electronically and not on any tangible medium did not constitute "goods" within the meaning of the Commercial Agents (Council Directive) Regulations 1993.