Subsidy Control Assessments: Key takeaways from recent SAU reports

The Subsidy Advice Unit (SAU) is the reporting function of the CMA for the purpose of reporting on subsidy control assessments that have been referred to the SAU. In this article we summarise the guidance within recent reports, for practitioners to consider when drafting subsidy assessments.

Issues covered include recommendations for:

  • Explaining the value of the grant against the proportionality Principle B

  • Setting out assumptions and modelling approaches used in determining the conclusion reached under Principle C

  • How an authority might address and explain why compensating for costs that have already been incurred is compliant with Principle D

The Subsidy Control Act 2022 (SCA) at Schedule 1 sets out 7 Subsidy Control Principles and the related Statutory Guidance details how to address these Principles within a subsidy control assessment.

Section 59 of the SCA provides for an evaluation of a public authority’s’ subsidy control assessment once it has been referred to the Competition and Markets Authority (CMA) further, the evaluation report may include advice on how the subsidy control assessment might be improved. This function of the CMA is completed by the Subsidy Advice Unit which is part of the CMA.

In recent reports out in April and May 2026 the SAU has provided guidance addressing how those subsidy control assessments could be improved. This guidance which may assist when drafting future subsidy control assessments, is summarised below:

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Further background

Further background

A link to the Subsidy Control Act can be found here.

A link to the Statutory Guidance at the time of publishing this article can be found here.

A link to ‘Guidance on the operation of the SAU and making a submission’ at the time of publishing this article can be found here.

Awareness of the SAU guidance within their evaluation reports can assist public authorities planning subsidy decisions and the value of the grant. Awareness will also assist those drafting the subsidy control assessments to ensure appropriate factors under the subsidy principles, have been considered and can be detailed and evidenced to mitigate any challenge to the grant award.

For further advice on subsidy control assessments for your organisation or for a review of proposed grant decisions or your grant-making processes, contact our Public Sector team.

The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.

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