Category Archives: Brexit issues

UKSALA second webinar on the BEIS subsidy control consultation: recording now online

For anyone who missed the second of the two UKSALA webinars on the BEIS consultation paper on a new UK subsidy control regime (focusing on the independent body and enforcement), a recording is now available here. (I should record that … Continue reading

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UKSALA discussions on the future of UK subsidy control

The Government’s consultation paper “Subsidy control: Designing a new approach for the UK” sets out its ambition for a new subsidy control regime that addresses the specific needs of the UK economy whilst also meeting the UK’s international commitments (including, … Continue reading

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Taking advantage of the opportunity presented by the UK’s new subsidy control regime – by James Webber (partner, Shearman & Sterling)

The Trade and Cooperation Agreement (TCA) represents a deregulation of subsidy control in Great Britain on a massive scale.  Under a new reformed regime, the UK can: simplify and speed up approvals for productivity-enhancing projects, helping to attract globally mobile … Continue reading

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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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