Category Archives: Brexit issues

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

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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BEIS responds to the House of Lords EU Committee letter on level playing field issues

The House of Lords EU Committee yesterday published BEIS’ response to the Committee’s letter on the Government’s position on level playing field commitments – a key issue in the negotiations between the United Kingdom and the EU on their future relationship. … Continue reading

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Is there any scope for agreement between the EU and UK on subsidies?

It is a truth universally acknowledged that the gap between the EU’s position and that of the UK on level playing field commitments, and in particular State aid, is the largest obstacle to the conclusion of a final relationship agreement … Continue reading

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House of Lords EU Internal Market Select Committee writes to BEIS about the UK anti-subsidy regime after transition

On 2 April, the House of Lords EU Internal Market Sub-Committee wrote to Paul Scully MP, the Minister for Small Business, Consumers and Labour Markets about the Government’s plans for a UK subsidy regime after Brexit and the Goverment’s approach … Continue reading

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UKSALA event on UK subsidy control after Brexit now available to watch online

Particularly at the moment when we are all more or less confined to our homes, we are grateful again to Shearman & Sterling for making available a full video recording of the UKSALA panel discussion of UK anti subsidy law … Continue reading

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Paper by James Webber on the UK anti-subsidy regime after Brexit

James Webber has recently published an interesting contribution to the debate on the nature of the UK anti-subsidy regime after Brexit, which can be read here.  It has been covered in the Daily Express (not previously a journal noted for its detailed … Continue reading

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UK STATE AID ASSOCIATION/UK TRADE FORUM/SHEARMAN & STERLING EVENING SEMINAR ON 4 MARCH ON THE UK ANTI-SUBSIDY REGIME AFTER BREXIT

The topic of what, if any, State aid regime the UK will have after Brexit has come into sharp focus.  The EU is demanding, as part of the “level playing field commitments” it wants as part of any trade deal … Continue reading

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