Author Archives: gperetz

Good Law Project challenge to regulations purporting to remove State aid rules

The Good Law Project – a non-profit membership organisation that brings public interest litigation – has sent a letter before claim to the Department for Business, Energy and Industrial Strategy challenging the Government’s decision to use secondary legislation under the … Continue reading

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New UK subsidy regime – where are we now?

Two recent blogs on this site (here and here) have described the subsidy control provisions in the Trade and Cooperation Agreement (TCA) to which the current UK government signed up on Christmas Eve. Those obligations bite on 1 January 2021: … Continue reading

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The subsidy control provisions of the UK-EU trade and cooperation agreement: a framework for a new UK domestic subsidy regime – by George Peretz QC

The provisions of the (draft) UK-EU Trade and Cooperation Agreement (the “Agreement”) that govern subsidy control (Title XI, Chapter three, starting at page 184) are unprecedented in comparison with other free trade agreements.  They impose significant constraints on UK policy towards public … Continue reading

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UK Subsidy Control: how will public funding change now the UK has taken back control of State aid regulation? By Jonathan Branton and Alexander Rose, DWF Law

After much fanfare the UK has agreed a new Trade and Cooperation Agreement (“TCA”) with the EU which, subject to ratification, allows for zero tariff, zero quota trade between the two blocs with effect from 1 January 2021.  One of … Continue reading

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State aid damages claim unsuccessful yet again – and time to bring such a claim is running out – by Aidan Robertson QC

As Falk J observed in 2019 in Credit Suisse v HMRC [2019] EWHC 1922 (Ch)[1] at [95] when rejecting a claim for damages following a full trial of the action, there is no recorded instance of damages being awarded by … Continue reading

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EU/UK TRADE AND COOPERATION AGREEMENT: SUBSIDIES PROVISIONS – A NEW SUBSIDY CONTROL REGIME FOR THE UK

The text of the EU/UK Trade and Cooperation Agreement has now been published. The provisions on competition and subsidies start at page 181 of that print. I shall blog on the content of those provisions shortly (it’s Boxing Day). Since … Continue reading

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State aid and subsidies post-transition: where are we now?

Competition Law Insight recently published a piece in which I tried to take stock of where we are now on the question of a possible subsidy control regime in the UK after the end of transition. You can find it … Continue reading

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Subsidy provisions in the UK/Japan Comprehensive Economic Partnership Agreement: what are they, and what do they mean for the UK/EU negotiations?

The text of the Comprehensive Economic Partnership Agreement between the UK and Japan was published on 23 October.  Somewhat disturbingly for those who believe in effective Parliamentary scrutiny of such agreements, that was the same day on which the Agreement … Continue reading

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Leading UK lawyers write to PM on subsidy control after transition

On 18 September, a number of leading lawyers with expertise in the area of subsidies and State aid, many of them members of UKSALA and with a wide spectrum of views on Brexit, wrote a joint letter to the Prime … Continue reading

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The future of State aid law in the UK – should the UK adopt strong or weak rules?

By Jonathan Branton and Alexander Rose, DWF Law LLP The Financial Times reports that the UK Government is split on the design of the UK’s future State aid regime, with a faction led by Dominic Cummings arguing that the UK … Continue reading

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