Category Archives: New UK subsidy control regime

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

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

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

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

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

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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