The Squaring of the Circle: journal article Subsidy Control Under the UK-EU Trade and Cooperation Agreement Totis Kotsonis European State Aid Law Quarterly, Volume 20 (2021), Issue 1, Page 15 - 29 The article provides an overview of the subsidy control commitments under the TCA and considers their implications for UK subsidy control regulation. Issues considered in this context include the extent to which TCA subsidy control differs from EU State aid rules and what additional flexibilities this might offer. Consideration is also given to the remedies available to interested parties with concerns about the grant of a subsidy, the inter-Party dispute resolution mechanisms, the availability of unilateral trade defence measures, as well as the question of the different levels of harm to trade or investment for which different TCA provisions provide. The article also highlights certain areas which require further attention, including the fact that the current UK subsidy control regime is not concerned with the potentially competition distortive effects of a subsidy on the UK internal market. Separately, the article considers the question of whether the absence of a prior notification requirement has an impact on the effectiveness of the UK subsidy control system. Keywords: subsidy control; UK; TCA; level playing field; trade; Brexit
State Aid Regulation After Brexit journal article State Aid Regulation, But Not as We Know It Totis Kotsonis European State Aid Law Quarterly, Volume 18 (2019), Issue 3, Page 301 - 312
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon