Subsidy Control

Following Brexit, the UK is no longer bound to follow EU state aid rules.  However, the UK now has an obligation to have in place a new subsidy control regime.  The UK courts have a role in reviewing domestic subsidy decisions through judicial review.

Under the Brexit Trade and Cooperation Agreement, there is a reciprocal mechanism that allows either the UK or EU to take rapid unilateral action (or ‘remedial measures’) where a subsidy granted by the other party is causing, or there is a serious risk that it will cause, a significant negative effect on trade or investment between them.

Drawing on its significant expertise advising on EU state aid pre-Brexit, the Freeths Competition team can advise on all aspects of the UK’s new subsidy control regime. The rules are not easy to follow and there are consequences for failure to apply them correctly. We can help clients to navigate the new UK regime.

Why choose our subsidy control team?

• We have considerable expertise in providing advice to both private and public sector clients on state aid/subsidy control rules. This includes advising on state aid block exemptions, frameworks and guidelines, as well as notifications and complaints, and issues arising in relation to ERDF and infrastructure funding
• We also regularly work with private sector clients to provide legal opinions required for funding applications and advise public sector clients when to seek a legal opinion from funding applicants
• Freeths can help you avoid subsidy control issues by checking that your organisation is entitled to subsidy control, and ensuring you have a thorough understanding of whether funding could be challenged and repayment ordered. We often help clients to manage subsidy control issues in situations where they are making an application for public sector grant funding, or need advice on the implications of funding arrangements

Call any member of our expert competition team to find out how we can help you.