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 by the Secretary of State (“subsidies of particular interest”). The Bill leaves the power to define those classes to the Secretary of State.
The consultation paper discusses general thresholds set by reference to the size of the subsidy, as well as additional criteria based on the economic sector (eg cars, steel, shipbuilding, and aircraft) or type of subsidy (eg rescue and restructuring subsidies).
The closing date for responses is 6 May.
If anyone would be interested in contributing to the response of the Joint Working Party of the UK Bars and Law Societies on Competition Law to this consultation, please let me know (gperetz@monckton.com).
GEORGE PERETZ QC