Author Archives: gperetz

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

Posted on December 30, 2020 by gperetz

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

Posted on December 26, 2020 by gperetz

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?

Posted on October 27, 2020 by gperetz

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?

Posted on October 24, 2020 by gperetz

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

Posted on September 19, 2020 by gperetz

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?

Posted on August 4, 2020 by gperetz

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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Squaring the circle: Level playing field provisions and the negotiation of a UK-EU free trade agreement

Posted on July 3, 2020 by gperetz

Note: We are delighted to publish this article by Totis Kotsonis (partner at Pinsent Masons): the article was originally published on 3 March 2020 on on the Kluwer Competition Law Blog but retains its relevance as an important contribution to the … Continue reading →

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Compromise Position for Subsidy Control in a UK/EU FTA

Posted on July 1, 2020 by gperetz

James Webber[1]  The Government has an announced intention to introduce a subsidy control regime[2]. This will be strongly informed by the Agreement with the EU – which will inevitably need to be reached first. In my view, the subsidy control … Continue reading →

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EU White Paper on foreign subsidies: levelling the playing field or crossing the line?

Posted on June 29, 2020 by gperetz

Summary of the proposals On 17 June, the Commission published a White Paper on “levelling the playing field as regards foreign subsidies”. The Commission identifies a number of problems that foreign subsidies can cause in the EU internal market: foreign subsidies to … Continue reading →

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Does Covid-19 provide the UK with a basis for denouncing the Northern Ireland Protocol?

Posted on June 17, 2020 by gperetz

In a recent blog post for Global Vision, Professor David Collins argued that the Covid-19 crisis provides a basis in international law for the United Kingdom to withdraw from the Ireland/Northern Ireland Protocol (“the Protocol”), which forms part of the Withdrawal … Continue reading →

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