UK Subsidy Control Blog

UK Subsidy Control Insider

The UK Subsidy Control Insider (UKSCI) is an invaluable resource for those seeking insights into the evolving landscape of subsidy regulations in the United Kingdom. Since the enactment of the Subsidy Control Act 2022, there have been notable alterations to the manner in which public authorities administer subsidies, diverging from the previous EU State aid rules. This blog examines whether the reforms have delivered on their promises of efficiency and economic benefit, and analyses ongoing debates on potential amendments to prioritise considerations such as value for money and environmental impact.

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7. November 2024 | UKSCI by Jonathan Branton and Alexander Rose

Opinion – the UK’s Subsidy Control Regime Can Be Improved Through More, Better Targeted Streamlined Routes

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Subsidy Control law is important for the economy and therefore impacts the living standards of people across the United Kingdom. Well targeted subsidies can improve the economy, for example by driving forward high growth sectors such as the Space and technology sector, whereas poorly designed subsidies are wasteful and can serve to undermine competition within the market. The UK’s Subsidy […]

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6. November 2024 | UKSCI by Jamie Dunne

Competing Visions of the UK’s Subsidy Control Regime

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At a Subsidy Control conference in June 2024, then Competition Appeal Tribunal President Mr Justice Marcus Smith spoke about the logic of the UK having a domestic Subsidy Control regime, noting that the UK is an outlier in having such a system of purely domestic control of state subsidies. With a new government in place and over 18 months having […]

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5. November 2024 | UKSCI by Hana Hammouda and Sattam Al-Mugheiry

Subsidy Control and the Economics of Data

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Introduction Data has been described as the world’s most valuable commodity.[1] Yet despite its importance, especially in the field Artificial Intelligence (AI), transfers of data are rarely discussed within the context of Subsidy Control. In this article, Hana Hammouda and Sattam Al-Mugheiry explore the economics of data and consider the circumstances in which the Subsidy Control Act 2022 may apply […]

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23. May 2024 | UKSCI by Alexander Rose

Is It Time for Parliament to Amend the Subsidy Control Act 2022?

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The Subsidy Control Act 2022 received Royal Assent nearly two years ago and provides UK public authorities with a faster and more permissive regime under which to award subsidies than existed under EU State aid rules. This article considers whether Parliament should act now to amend the regime, updating the rules to prioritise value for money considerations. Does the UK’s […]

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22. May 2024 | UKSCI by Sattam Al-Mugheiry

How the Subsidy Database Can Be Refined to Improve the UK Subsidy Control Regime

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The Statutory Guidance accompanying the Subsidy Control Act[1] (SCA) states that ‘Subsidy transparency is a fundamental part of the UK’s subsidy control regime’ given its importance in enabling ‘interested parties to view subsidies to decide if they want to challenge a subsidy before the Competition Appeal Tribunal’. With thanks to practitioners from multiple disciplines for their views and experiences, referenced […]

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21. May 2024 | UKSCI by Alex Kynoch and Angelica Hymers

The Transparency Regime Under the Subsidy Control Act – How It Could Be Improved

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In December 2023, the Department for Business and Trade (DBT) published its research report ‘Establishing baseline for monitoring and evaluation of the subsidy control regime’ (Report). Although the report looks at subsidies granted between 1 January 2021 and 4 January 2023 whilst the UK-EU Trade and Co-operation Agreement (TCA) was in force (Interim Period), it is illustrative of the issues […]

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20. December 2023 | UKSCI by Sir Marcus Smith and Charlotte McLean

Subsidy Control: The First Year

Introduction Although the subsidy control jurisdiction has been ‘live’ since January 2023, only one application has been issued under the Subsidy Control Act 2022, Durham Company Limited v Durham County Council, which was determined by a judgment dated 27 July 2023.2 There are no other applications pending before the Competition Appeal Tribunal at the time of writing (October 2023). Given […]

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19. December 2023 | UKSCI by Joanne Clement KC

Litigation Update

Readers will be aware that there have been two subsidy control cases before the Courts this year. The Divisional Court gave judgment in the Bulb litigation (R (British Gas Trading Ltd and others) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin)) on 31 March 2023. My analysis of that decision, and its implications for […]

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19. December 2023 | UKSCI by Hana Hammouda and Schellion J. Horn

Subsidy Advice Unit Reports: Lessons Learned So Far

Introduction The UK subsidy control regime is a nascent policy area for public authorities to understand. The regime places obligations on public authorities to assess a subsidy or subsidy scheme to ensure that it is compliant with the subsidy control principles and other requirements. The Statutory Guidance explains the subsidy control principles and provides a four-part assessment framework to support […]

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19. December 2023 | UKSCI by Sattam Al-Mugheiry and Alexander Rose

The EU Foreign Subsidies Regulation – the Birth of a New Area of Competition Law

In July 2023, the European Union introduced a new competition law regime called the EU Foreign Subsidies Regulation (FSR) to address a longstanding regulatory gap. Whilst subsidies awarded by EU and EFTA Member States are tightly regulated on an ex-ante basis under EU State aid law,1 this is not the case for subsidies awarded by other countries. Indeed, it is […]

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