Category Archives: Brexit issues

EU Commission issues “Notice to Stakeholders” on Brexit and State aid

On 18 January, the Commission issued a Notice to Stakeholders setting out its view of the current legal position in relation to Brexit and State aid. (The Notice is not, I think, to be found anywhere on the DG Comp … Continue reading

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

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

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?

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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