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A New UK Subsidy Control System

Published on: 31 August 2022

Table of contents

  • Introduction
  • What is a Subsidy?
  • General Principles
  • Prohibited Subsidies
  • Streamlined Scheme and Exemptions
  • The CMA’s Role and the Referral System
  • Mandatory referrals
  • Voluntary referrals
  • Post-award referral
  • Enforcement—CAT Judicial Review
  • More sections of this document available when you sign-in to Lexis+ or register for a free trial.

Article summary

Public Law analysis: Due to its exit from the EU, the UK is no longer bound by the EU’s rules governing public subsidies. At the end of April 2022, the UK Parliament passed the Subsidy Control Act 2022 (SCA 2022), which sets out a new framework for granting and controlling public subsidies. The act is expected to enter into full force in autumn 2022. In this article, Cormac O’Daly, Édouard Bruc, Su Şimşek and John Ratliff of Wilmer Cutler Pickering Hale and Dorr LLP, outline its main provisions.

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