Brexit and your business
The Competition and Consumer Protection Commission (CCPC) has responsibility for enforcing competition and consumer protection law, as well as a specific remit in relation to the safety of non-food consumer products.
As of 31 January 2020, the UK has left the EU. They have entered a transition period which is due to end on 31 December 2020. During this time, information and guidance relating to Brexit and your business will be updated on this page. You can also get information on how to comply with competition and consumer protection law in our Help for Business section.
You can use this checklist to help ensure your business is prepared for Brexit.
Product safety – if you import or sell products in Ireland
All businesses must ensure that they only place or sell products which are safe and comply with the product safety legislation on the Irish market. You must inform consumers of any risks associated with the products you supply and make sure that you take appropriate action if you become aware of products available on the EU or Irish market that are potentially dangerous. These obligations apply irrespective of whether the product was manufactured in Ireland, in another EU State, or elsewhere (‘a third country’).
It is important to note:
- In the context of Brexit, the UK will become a third country if it leaves the Customs Union after the transition period.
- In such circumstances, products from the UK will be treated similarly to products originating from any other non EU country, and will be subject to border controls, customs checks etc.
- If you are a business dealing with UK-based importers you must take action. Your options are to become an importer and comply with the importers’ obligations under the legislation or alternatively, engage with an EU-based importer to supply the products.
- Detailed information on this issue has been provided by Revenue.
- The European Commission has published a Readiness Notice to Stakeholders providing clarification on the impact of Brexit on EU product safety rules.
Mergers & Acquisitions
Merging parties and their legal representatives should note that as of 1 January 2019 the thresholds for mandatory notification of transactions to the CCPC have increased. More details are available here.
After the transition period:
- Transactions which would have reached EU thresholds may no longer do so.
- UK turnover may not be used in calculating whether a transaction reaches the European Commission’s thresholds after the transition period. Details of the EU regime are available here.
- Failure to notify a mandatory notifiable merger is a serious breach of the law and can result in a transaction being deemed void.
- The CCPC’s website has detailed information to guide firms on the transactions that require notification.
- A separate notification may need to be made to the UK merger control authorities. More details on this area are available from the UK Competition and Markets Authority.
The EU Commission has published a Notice to Stakeholders confirming the arrangements that will apply to the application of EU competition law in the event of a ‘no deal’.
Links to other resources
UK guidance
If your business operates in both Ireland and the UK, you will need to keep abreast of updates from both the CCPC and the Competition and Markets Authority (CMA). The UK Government has published a number of guidance documents on a range of issues.
Return to Guidelines for Business
