Out with State Aid, In with the New UK Subsidy Regime

Introduction

Since 1 January 2021, and thanks to the UK-EU Trade and Cooperation Agreement (TCA), the UK now has its own subsidy regime. EU state aid rules no longer apply to the UK, subject to certain exceptions.

But what does this mean in practice? This live broadcast session will walk you through the UK’s new Subsidy Control Act 2022 which has now received Royal Assent. It will also remind you of the legal framework for EU state aid law, as well as the features of the WTO subsidy regime - and which regime applies when to public organisations in the UK. This session is suitable for lawyers in the UK and those within continental Europe who would like to understand the complex net of provisions that apply to public organisations in one of the largest economies of the world.

This virtual classroom session is brought to you by Dr Alexandra von Westernhagen, a leading state aid lawyer and trainer with over 20 years’ experience in advising on state aid and other EU regulatory law matters, gained both at UK as well as EU level.

What You Will Learn

This interactive online session will cover the following:

Part 1 - The EU State Aid and WTO Subsidy Regimes

• Reminder of the conditions of EU state aid
• Services of General Economic Interest
• Possible exemptions
• The de minimis exemption
• The Block Exemption regulation
• Enforcement of EU state aid rules
• Enforcement by the EU
• Features of the WTO Subsidies and Countervailing Measures Agreement

Part 2 - The UK’s New Subsidy Regime

• Provisions under the Trade and Cooperation Agreement
• Overview
• Enforcement
• Enforcement within the UK
• Enforcement possibilities by the EU
• The Subsidy Control Act
• Overview and key interpretations
• Subsidy control requirements
• Exemptions
• Functions of the Competition Markets Authority
• Referrals
• Enforcement
• Transparency requirements
• Next steps
• The special case of Northern Ireland

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.