Category Archives: EU/UK Trade and Cooperation Agreement

R (British Gas & Ors) v Secretary of State for Energy Security and Net Zero – the latest insight into the new subsidy control regime and a cautionary tale about limitation

We are grateful for the following blog by Joanne Clement KC and Barney McKay. On Friday 31 March 2023, the Divisional Court dismissed three challenges to the Secretary of State’s consent to the transfer of Bulb to Octopus. The decisions … Continue reading

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Sweet failure: British Sugar fails to persuade the High Court that the sugar advance tariff quota breaches Article 10 of the Protocol or the subsidy control provisions of the TCA

The judgment of Foxton J in R(British Sugar) v Secretary of State for International Trade[2022] EWHC 393 (Admin) is the first judicial consideration of the impact of Article 10 of the Ireland/Northern Ireland Protocol, which (as discussed here) applies EU … Continue reading

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The Subsidy Control Bill 2021: key questions for Parliament to consider (by Jonathan Branton and Alexander Rose, DWF)

Note: this article by Jonathan and Alex is particularly timely as the Subsidy Control Bill is getting its Second Reading in the House of Commons today (22 September).   The Subsidy Control Bill will have its second reading in Parliament … Continue reading

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The UK’s Proposed Revisions to Article 10 of the Northern Ireland Protocol: a Sensible Basis for Negotiation

This post, written by George Peretz Q.C. of Monckton Chambers and James Webber of Shearman & Sterling, assesses the UK’s proposed revisions to Article 10 of the NI Protocol. Introduction Subject to the qualification that it applies only to “measures which affect that … Continue reading

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The Subsidy Control Bill: a short summary

NOTE: the following blog is an adapted version of an earlier post on https://eurelationslaw.com/. Subscribers who have their own comments or thoughts on the Bill are invited either to comment below or to send more detailed thoughts, amounting to a … Continue reading

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Subsidy Control after Brexit – a practitioner’s perspective

By Alex Kynoch and Angelica Hymers (This article was first published in Local Government Lawyer, www.localgovernmentlawyer.co.uk.) Back in late 2020, we waited expectantly for news of what the rules on state aid were going to be when the Brexit transition … Continue reading

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Joint Working Party of the UK Bars and Law Societies on Competition Law responds to the BEIS Consultation on the new UK subsidy control regime

The Joint Working Party of the UK Bars and Law Societies on Competition Law responded to the BEIS consultation on the new UK subsidy control regime. A copy of its response is here.

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How the United Kingdom can create a better Subsidy Control system: by Jonathan Branton and Alexander Rose, DWF Law LLP

At a time when the UK is faced by the worst economic slump for 300 years[1]  it needs strong and clear Subsidy Control rules.  A lot of time and energy was expended disassociating from the sphere of EU State aid … Continue reading

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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 first webinar on the BEIS subsidy control consultation: recording now online

For anyone who missed the first of the two UKSALA webinars on the BEIS consultation paper on a new UK subsidy control regime, a recording is now available here. Details of the second event, on Monday 22 March at 5pm, … Continue reading

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