Subsidy Control in the UK & Internationally - Current Themes

Subsidy Control in the UK & Internationally - Current Themes

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Introduction: Requires no prior subject knowledge
3 hours
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Join Professor Suzanne Rab of Serle Court in this series of 3 complementary modular webinars which will explore current issues in relation to subsidy control against the background of the new regime for subsidy control in the UK and taking an international comparative perspective.

What You Will Learn

Module 1 - Introduction to Subsidy Control in the UK: A Practitioner Perspective

The UK Subsidy Control Act 2022 regulates subsidies in the UK post-Brexit. This introductory session provides a toolkit for practitioners to navigate the new regime. You will understand the policy, legal and procedural framework in which the UK subsidy control regime applies including the respective roles of public authorities, BEIS, the Competition Appeal Tribunal and the CMA in the assessment of subsidy against the subsidy control principles.

This module will summarise the following:

  • Development of the UK’s post-Brexit subsidy control framework
  • Key provisions of the Subsidy Control Act (including subsidy control principles, energy and environmental principles, schemes and streamlined subsidy schemes, subsidy control requirements, exemptions)
  • CMA - referral and functions
  • Enforcement

Module 2 - The Subsidy Control Principles

The subsidy control principles form the basis of the approach to subsidy control under the UK’s Subsidy Control Act 2022. The session provides an insight into the historical and international approaches to the assessment of subsidy and how these inform the developing and future approach to assessment.

This module will cover:

  • The principles in detail
  • Routes to satisfy compliance with the principles
  • The proportionality principle in context

Module 3 - A Comparison of the UK’s Subsidy Control Regime with International Models

The UK’s framework for subsidy control under the Subsidy Control Act 2022 is new and novel but it shares some features with other international models of subsidy control.

The session provides an opportunity to develop the ability to identify, apply and critique the evolution of key aspects of comparator regimes including the EU State aid discipline, the WTO rules and incorporation of subsidy control in key free trade agreements/accession agreements.

This module will summarise the following:

  • What is new about the UK subsidy control regime?
  • Comparison with the EU State aid regime
  • Comparison with the WTO regime
  • Interface between EU State aid control and the WTO disciplines on subsidies
  • Insights from subsidy control in arrangements in FTAs and arrangements with accession states

This webinar was recorded on 15th November 2022