Category Archives: New UK subsidy control regime

The Subsidy Control Act 2022 – legislation to create a UK Statutory State Aid regime receives Royal Assent

By Jonathan Branton, Alexander Rose and Alex Eaton, DWF Law LLP The long awaited Subsidy Control Bill has been awarded Royal Assent, thereby putting into law a statutory UK State aid regime.  This will develop, change and build upon the … Continue reading

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Subsidy Control Bill: BEIS consults on what subsidies can be, or must be, referred to the CMA

On 25 March, BEIS issued a consultation on the regulations that will define what subsidies have to be referred to the CMA before implementation (“subsidies of particular interest”) and what subsidies can be referred, either by the granting authority or … Continue reading

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Subsidy Control Bill – Illustrative Guidance and Regulations (by Angelica Hymers and Alex Kynoch of Browne Jacobson)

It has been a turbulent couple of years for those involved in subsidy control, and 2022 will be equally challenging. The Subsidy Control Bill (Bill) will take effect in 2022. It will form the backbone of the UK’s new subsidy … 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 and levelling up: a complex and murky picture

                                                                                                                                                                                                                                                               One concern that has been widely expressed during the passage of the Subsidy Control Bill through Parliament is its relationship with the current government’s “levelling-up” agenda.  Although that agenda is somewhat inchoate (although it may become a bit … Continue reading

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UK State Aid Law Association – Seminars on the Subsidy Control Bill

The UK State Aid Law Association invites you to attend two seminars on the Subsidy Control Bill currently before Parliament. The first seminar will be hosted at Shearman & Sterling offices in London on Wednesday, 24 November between 6:30–7:30 pm … Continue reading

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Resources on the Subsidy Control Bill

As the Subsidy Control Bill is now before Parliament, I thought it would be useful to collect together resources on the Bill, debates on it, and articles being written about it. I will also try to summarise key issues that … 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 AND DEVOLUTION: A BALANCED REGIME?

The Subsidy Control Bill introduced to Parliament at the end of June applies across the United Kingdom.  It has significant implications for the devolved administrations. The provisions of the Bill are summarised here.  But, in essence, the scheme of the … Continue reading

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