Category Archives: New UK subsidy control regime

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

Posted on May 11, 2023 by gperetz

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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UKSALA event on 30 March on the Subsidy Control Act 2022: “Putting the UK’s new regime into practice – early insights and what we have learned so far”

Posted on March 14, 2023 by gperetz

March 30 @ 5:30 pm – 8:00 pm Almost three months since the Subsidy Control Act 2022 came into force, it’s time to reconnect and reflect on how the new regime is working in practice and share early insights and lessons learned … Continue reading →

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R(Good Law Project) v Secretary of State for Health and Social Care and Abingdon Health plc: State aid issues

Posted on October 21, 2022 by gperetz

The judgment of Waksman J in R(Good Law Project) v Secretary of State for Health and Social Care and Abingdon Health plc (“Abingdon“) has received a lot of coverage for its procurement law implications and for the future ability of … Continue reading →

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BEIS announces that the main parts of the Subsidy Control Act will come into force on 4 January 2023, and publishes the final versions of the regulations defining what subsidies are to be looked at by the CMA

Posted on October 21, 2022 by gperetz

BEIS announced yesterday, in an update to its website, that the substantive provisions of the Subsidy Control Act 2022 will come into force on 4 January 2023. Any subsidy given on or after that date will be subject to the … Continue reading →

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BEIS sets out final proposals on thresholds for subsidies of interest and subsidies of particular interest

Posted on August 24, 2022 by gperetz

On 24 August, BEIS announced the government’s final proposals on thesholds for subsidies of interest (“SoIs”) and subsidies of particular interest (“SoPIs”) under the Subsidy Control Act 2022. Those thresholds are set by regulations made by the Secretary of State. … Continue reading →

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BEIS consults on draft statutory guidance on subsidy control

Posted on July 5, 2022 by gperetz

Section 79 of the Subsidy Control Act 2022 allows the Secretary of State to issue guidance on various matters arising under the Act, including on the definition of subsidy, and the practical application of the exemptions and of the subsidy … Continue reading →

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

Posted on May 11, 2022 by gperetz

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

Posted on March 28, 2022 by gperetz

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)

Posted on March 25, 2022 by gperetz

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

Posted on March 22, 2022 by gperetz

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 →

Posted in Brexit issues, EU/UK Trade and Cooperation Agreement, Free Trade Agreements, Ireland/Northern Ireland Protocol, New UK subsidy control regime, UK case, WTO anti-subsidy rules | Comments Off on 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