Category Archives: WTO anti-subsidy rules

EU/UK WTO dispute over green energy subsidies settled

On 1 July, the European Commission announced that the WTO dispute announced by the EU in March 2022 has been resolved. The dispute concerned criteria in the UK’s Contracts for Differences (“CfD”) sheme, which the EU was concerned required tenderers … 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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State aid and subsidies post-transition: where are we now?

Competition Law Insight recently published a piece in which I tried to take stock of where we are now on the question of a possible subsidy control regime in the UK after the end of transition. You can find it … Continue reading

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Subsidy provisions in the UK/Japan Comprehensive Economic Partnership Agreement: what are they, and what do they mean for the UK/EU negotiations?

The text of the Comprehensive Economic Partnership Agreement between the UK and Japan was published on 23 October.  Somewhat disturbingly for those who believe in effective Parliamentary scrutiny of such agreements, that was the same day on which the Agreement … Continue reading

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Leading UK lawyers write to PM on subsidy control after transition

On 18 September, a number of leading lawyers with expertise in the area of subsidies and State aid, many of them members of UKSALA and with a wide spectrum of views on Brexit, wrote a joint letter to the Prime … Continue reading

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Squaring the circle: Level playing field provisions and the negotiation of a UK-EU free trade agreement

Note: We are delighted to publish this article by Totis Kotsonis (partner at Pinsent Masons): the article was originally published on 3 March 2020 on on the Kluwer Competition Law Blog but retains its relevance as an important contribution to the … Continue reading

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Compromise Position for Subsidy Control in a UK/EU FTA

James Webber[1]  The Government has an announced intention to introduce a subsidy control regime[2]. This will be strongly informed by the Agreement with the EU – which will inevitably need to be reached first. In my view, the subsidy control … Continue reading

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