Subsidy Control
Protecting your reputation
What is involved?
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 Freeths?
- 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
Recent Experience
- Advising a renowned global hotel brand on state aid/subsidy control issues ensuing from a proposed development requiring contribution by a public authority
- Advising a UK Government Department on the application of the state aid/subsidy control rules to UK Government support to the nuclear industry
- Advising a City Council and a Local Authority on the state aid/subsidy control implications of escrow account arrangements on a land redevelopment scheme and energy investments
- Producing a legal opinion on the regional aid provisions of the General Block Exemption Regulation and the Regional Aid Guidelines for a private sector client’s successful grant application
- Advising two recycling companies on the application of state aid/subsidy control rules as recipients of UK GBF and EU ERDF grant funding
- Advising a healthcare company and a construction company on the application of state aid/subsidy control rules as recipients respectively of UK ASCICF and IETF grant funding
- Advising a leading healthcare provider on the state aid/subsidy control aspects of the Adult Social Care Infection Control Fund set up in response to the COVID‑19 outbreak
Call our experienced team of Competition lawyers to find out how Freeths could help you with your subsidy control/state aid query.
Key contacts
Andrew Maxwell
Partner & Head of Competition
Alternatively complete the form below:
Contact Us
Subsidy Control Lawyers
Nathan Holden
Partner
0345 077 9646
Andrew Maxwell
Partner
0345 128 6997
Stephen Pearson
Partner
0345 274 6900
The new UK subsidy control regime: the effect of Brexit on state aid
Articles 23rd Feb 2021Competition Law Post Transition
Articles 18th Jan 2021State Aid post Brexit
Articles 6th Jan 2021- Advising a UK Government Department on the application of the state aid rules to UK Government support to the nuclear industry.
- Advising a City Council and a District Council on the state aid implications respectively of an escrow account arrangement on a land redevelopment scheme and of an energy investment.
- Producing a state aid legal opinion on the regional aid provisions of the General Block Exemption Regulation and the Regional Aid Guidelines for a private sector client’s successful grant application.
- Advising a large number of clients on a variety of state aid issues related to ERDF and infrastructure funding, including for several LEPs and City Regions.
- Creating compliant loan regimes for Derby City Council and advising on state aid for a variety of local authorities and NFP entities, including Charnwood, Chesterfield, Corby, Nottingham, Derbyshire Dales and Staffordshire Moorlands.
- Negotiating with Government DCLG state aid units and advising Chesterfield Borough Council, Derby City Council and South Yorkshire City Region in relation to major infrastructure and inner city regeneration projects that have all raised complex state aid issues.
- Training a number of Local Authorities and a LEP on State aid and when to seek a state aid legal opinion.
- Advising a major defence company on the application of the state aid rules to the establishment of a quantum technology centre of excellence.
- Acting for a stock exchange on the state aid implications of its future funding arrangements in light of a European Commission state aid decision on its existing arrangements.
- Advising the UK Government’s Department of Health Commercial Directorate on emerging NHS healthcare markets, including on the application of the state aid, competition law, merger control and public procurement rules to NHS System Reform and the ISTC programme (under which the NHS was opened up to competition from the independent sector).
- Acting for the Department of Health on the application of the state aid, competition and public procurement rules to security of supply issues arising in the context of a potential dispute involving blood plasma products.
- Advising two local authorities on the state aid implications of the grant arrangements in connection with the development of Britain’s first spa hotel in 100 years.
Client service
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014