Well into the first year of the UK’s new subsidy control regime, we look at the role played by the Subsidy Advice Unit (SAU), with practical tips and best practices for public authorities and their advisors contemplating referrals to the SAU. As well as stressing the importance of early engagement with the SAU, including pre-referral discussions, we set out how to navigate the referral process, including the criteria for when to refer, preparing for referral and what happens during a referral. Tips and best practices for drafting the assessment of compliance cover the common issues we have seen so far in relation to market failure, impact on competition and the balancing test. These suggestions compliment rather than replace existing statutory and SAU guidance.
Keywords: subsidy control | UK | SAU | public authority