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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A high stakes appeal: New Lottery Company v Gambling Commission

The appeal in The New Lottery Company v Gambling Commission centres on a decision taken in July 2023 to contribute around around £70m to Camelot’s marketing activity in support of the National Lottery, of which Camelot is the licensed operator.  The Gambling Commission (GC) took the view that the contribution did not give any economic advantage to Camelot, and hence […]

Covert Subsidies: Are they flying under the radar?

Introduction Almost three years on from the Subsidy Control Act 2022 (the “Act”) coming into force, public authorities have, on the most part, got to grips with the routine processes and procedures needed to comply with the Act. However, there are some areas where public authorities are either unaware that the Act should bite or are failing to apply the […]

The European Union publicly expresses concern about the effectiveness of the UK’s Subsidy Control regime

The European Union has published concerns about the effectiveness of the UK’s Subsidy Control regime – a strong indication that the enforcement provisions of the UK’s regime will be one of the issues raised at the five year review of the EU-UK Trade and Cooperation Agreement in 2026. In this article Alexander Rose and Schellion Horn consider the implications of […]

From the sublime to the ridiculous: Thomas v Durham County Council in the CAT

Introduction  After a slow start, the number of legal challenges brought under the Subsidy Control Act 2022 (the “Act”) has started to tick up. Only one case – Durham Company v Durham County Council – was lodged in 2023, with a judgment later that year. The second – Weis v Greater Manchester Combined Authority – was lodged in 2024 and […]

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

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 […]

Competing Visions of the UK’s Subsidy Control Regime

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 […]

Subsidy Control and the Economics of Data

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 […]

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

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 […]

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

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 […]

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

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 […]
Kieran McGaughey
Consultant Solicitor, Newcastle upon Tyne, United Kingdom
Beatrice Wood
George Peretz KC BL
Monckton Chambers, UK
Schellion J. Horn
Partner and Economic Consulting, Grant Thornton UK, London, United Kingdom
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
Alexander Rose
Partner, Ward Hadaway, Newcastle
Sattam Al-Mugheiry
Barrister
Joanne Clement KC
KC at @11KBW, London, United Kingdom
Sir Marcus Smith
President of the Competition Appeal Tribunal
Charlotte McLean
Referendaire
Angelica Hymers
Senior Associate, Browne Jacobson LLP
Alex Kynoch
Partner, Browne Jacobson LLP
Hana Hammouda
Senior Manager, Grant Thornton UK LLP
Jamie Dunne
Legal Director, Brodies LLP Solicitors
Jonathan Branton

Partner // Head of Government & Public Sector, DWF in Leeds

Jonathan is Head of EU/Competition at DWF and also leads the Government & Public Sector group.
Oliver Slater

Behind the UK Subsidy Control Insider you find our expert team of editors:

George Peretz KC BL
Monckton Chambers, UK
Alexander Rose
Partner, Ward Hadaway, Newcastle
Andrea Biondi
Advocate General, Court of Justice of the European Union; Professor, Director of the Centre of European Law, King’s College, London
Joanne Clement KC
KC at @11KBW, London, United Kingdom
Angus Johnston
Professor, University of Oxford, Oxford, United Kingdom
Alex Eaton
DWF Law, Manchester, United Kingdom
Schellion J. Horn
Partner and Economic Consulting, Grant Thornton UK, London, United Kingdom
Hana Hammouda
Senior Manager and Economic Consultant, Grant Thornton UK, London, United Kingdom
Kieran McGaughey
Consultant Solicitor, Newcastle upon Tyne, United Kingdom
Sattam Al-Mugheiry
Barrister

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