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Subsidy control / EU state aid

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A new UK subsidy control regime has been introduced following Brexit – The Subsidy Control Act 2022.  This was a requirement of the UK-EU Trade and Cooperation Agreement (TCA) and is intended as a broadly equivalent set of UK-wide rules intended to ensure subsidies and other forms of market intervention by government do risk resulting in significant distortions of competition.  

Our team has extensive experience advising a wide range of clients on both UK subsidy control and EU State aid issues.  On EU State aid, this includes all aspects of grant funding, regional aid, energy and environmental aid, rescue and restructuring aid, fiscal measures and the application of the Market Economy Operator (MEO) principle. In this highly complex area, we advise on high-profile cases including State aid complaints and litigation as well as compliance and notifications. We were heavily involved supporting clients through the Covid-19 pandemic, including on all aspects of the EU Temporary Framework as it was applied in the UK.  Post-Brexit, we have been advising clients on the UK-EU Trade and Cooperation Agreement (TCA), the application of the NI Protocol and WTO rules.  With the UK Subsidy Control Act now fully in effect from 4 January 2023, we have been advising a wide range of public sector bodies, state-owned enterprises, universities and beneficiaries on the new UK regime, including on the use of subsidy schemes and on referrals to the Competition and Markets Authority (CMA)’s Subsidy Advice Unit (SAU).

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12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
22/01/2024
State aid: The European Commission approves an Italian aid scheme for the...
On 15 January 2024, the European Commission approved a EUR 120 mil­lion Italian aid scheme for all airlines establishing new connections between one of the three airports in Calabria, namely Tito Minniti...
14/12/2023
European Commission must launch a State aid investigation into the granting...
The European Commission (Commission) must launch a formal State aid investigation into the granting of Dutch lottery licences, following an appeal to the EU General Court by the European Gaming and Betting...
26/06/2023
Revised guidance on the application of EU State aid rules in the UK post-Brexit
On 9 June 2023, the European Commission (“EC”) adopted a revised Notice on the application of the EU State aid rules to the UK following the end of the Brexit transition period.  On the same day...
10/03/2023
State aid: the General Court of the EU annuls the decision of the European...
On 8 February 2023, the General Court of the EU annulled the European Commission decision that had concluded to the absence of  aid granted by Timișoara Airport in favour of Wizz Air following an annulment...
16/02/2023
Foreign subsidies control creates a burdensome merger control 3.0
Foreign subsidies controls have the potential to create an additional burdensome clearance procedure for M&A transactions on top of merger and investment control procedures:  High administrative burdens...
19/12/2022
European Commission’s green light to €14.3 million Croatian compensation...
11/05/2022
The General Court of the EU confirms the legality of the rescue aid to...
On 4 May 2022, the General Court of the EU confirmed the legality of the Commission's decision approving rescue aid of 36.66 million EUR from Romania to the airline TAROM. It found that the aid was indeed...
27/02/2022
Handling the new EU and UK sanctions against Russia
Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries...
24/02/2022
The European Commission has endorsed its new Climate, Energy and Environmental...
The European Commission’s revised Guidelines on state aid for climate, environmental protection and energy (« CEEAG ») have been endorsed on 27 January 2022. The CEEAG replace the Guidelines on State...
22/02/2022
Vertical restraints under the cartel prohibition: what is expected to change...
The current rules of the Vertical Block Exemption Regulation date back to 2010 and will expire in May 2022. In our new DiGi POD episode, experts Annemieke Hazelhoff and Nadine Herda speak with DiGi POD...
22/09/2021
Recapitalisation of Air France: Vueling in first place for the allocation...
The European Commission has approved the allocation to Vueling of 18 daily slots at Paris-Orly airport as part of the French State's recapitalisation of Air France under the Temporary Framework for State...