Category Archives: New UK subsidy control regime

The Power to Get it Wrong by Dr Stephen Daly (King’s College London)

The assumption underlying competition (and antitrust) rules is that competition is good. As interventions by the State may create distortions to competition, then they are to be governed. Thus, State aid rules regulate the assistance that governments may provide to … Continue reading

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UKSALA discussions on the future of UK subsidy control

The Government’s consultation paper “Subsidy control: Designing a new approach for the UK” sets out its ambition for a new subsidy control regime that addresses the specific needs of the UK economy whilst also meeting the UK’s international commitments (including, … Continue reading

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Taking advantage of the opportunity presented by the UK’s new subsidy control regime – by James Webber (partner, Shearman & Sterling)

The Trade and Cooperation Agreement (TCA) represents a deregulation of subsidy control in Great Britain on a massive scale.  Under a new reformed regime, the UK can: simplify and speed up approvals for productivity-enhancing projects, helping to attract globally mobile … Continue reading

Posted in Brexit issues, EU/UK Trade and Cooperation Agreement, Ireland/Northern Ireland Protocol, Legislation, New UK subsidy control regime | 1 Comment

Good Law Project challenge to regulations purporting to remove State aid rules

The Good Law Project – a non-profit membership organisation that brings public interest litigation – has sent a letter before claim to the Department for Business, Energy and Industrial Strategy challenging the Government’s decision to use secondary legislation under the … Continue reading

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New UK subsidy regime – where are we now?

Two recent blogs on this site (here and here) have described the subsidy control provisions in the Trade and Cooperation Agreement (TCA) to which the current UK government signed up on Christmas Eve. Those obligations bite on 1 January 2021: … Continue reading

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The subsidy control provisions of the UK-EU trade and cooperation agreement: a framework for a new UK domestic subsidy regime – by George Peretz QC

The provisions of the (draft) UK-EU Trade and Cooperation Agreement (the “Agreement”) that govern subsidy control (Title XI, Chapter three, starting at page 184) are unprecedented in comparison with other free trade agreements.  They impose significant constraints on UK policy towards public … Continue reading

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UK Subsidy Control: how will public funding change now the UK has taken back control of State aid regulation? By Jonathan Branton and Alexander Rose, DWF Law

After much fanfare the UK has agreed a new Trade and Cooperation Agreement (“TCA”) with the EU which, subject to ratification, allows for zero tariff, zero quota trade between the two blocs with effect from 1 January 2021.  One of … Continue reading

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