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The search returned 10 results.

UK Subsidy Control Regime: journal article

Taking Stock of Initial Trends After One Year

Cormac O’Daly, Édouard Bruc, Su Şimşek

European State Aid Law Quarterly, Volume 23 (2024), Issue 2, Page 115 - 124

Since the enactment of the UK’s Subsidy Control Act, its public authorities, the CMA’s Subsidy Advice Unit, and its courts have had to grapple with both the theoretical and practical implications of complying with and enforcing the Act. This article discusses these actors’ different roles. It examines how the reporting function of the Subsidy Advice Unit differs from the role of the European Commission; the Competition Appeal Tribunal’s judgment in the Durham Waste Management case on the first application for review of a subsidy decision under the Act; and the evidentiary burden imposed on public authorities. The article also provides insights into the four steps underpinning the assessment of a subsidy, drawing upon the 22 reports published by the Subsidy Advice Unit in the first year of the Act coming into effect. Finally, this article concludes by reflecting on these developments and the future of UK subsidy control. Keywords: Subsidy Control Act; Durham Waste Management; Subsidy Advice Unit; UK.

The UK’s Subsidy Control Regime journal article

Subsidy Advice Unit Referrals – Tips and Best Practice

David du Parc Braham, Maria Marsden

European State Aid Law Quarterly, Volume 22 (2023), Issue 4, Page 381 - 388

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

The Design of Enforcement Institutions: journal article

Lessons from the UK’s New State Aid Control Regime

Phedon Nicolaides

European State Aid Law Quarterly, Volume 20 (2021), Issue 3, Page 370 - 383

Now that the UK is no longer a member of the European Union it has to substitute the EU system of State aid control with its own system for the control of subsidies. Brexiters have argued that this presents a unique opportunity to the UK to design a system that is less cumbersome and more effective than that of the EU. This article examines how the draft Subsidy Control Bill intends to address the three problems of the design of institutions responsible for the control of State aid or subsidies; ie the problems of discovery, assessment and enforcement. If finds that, by comparison to the EU system, the proposed UK system seems to grant more leeway to public authorities and to impose fewer formal requirements but also to require assessment of most subsidies by the Competition and Markets Authority (CMA). At the same time, the greater leeway creates more uncertainty about the conformity of subsidies with the various principles laid down in the Subsidy Control Bill. The Bill also leaves several issues unclear, especially with regard to the status of subsidies which are not referred to the CMA or subsidies which are granted contrary to CMA recommendations. The powers of the CMA are certainly more limited than those of the Commission. Keywords: EU-UK Trade and Cooperation Agreement; UK Subsidy Control Bill; State aid regime; Competition and Markets Authority; Competition Appeal Tribunal.

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

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