The UK Government and the EU Commission issue a trade and cooperation agreement clarifying the subsidy control regime following the end of the Brexit transition period

The EU State aid regime in its current form ceased to be applicable in the UK as at the end of 31 December 2020, when the Brexit transition period expired. Going forward, State aid or “subsidy control” in the UK will be based on the subsidy control chapter under the UK-EU Trade and Cooperation Agreement (TCA) as further implemented by the UK, as well as the residual application of EU State aid law under the UK-EU Withdrawal Agreement and its Northern Ireland Protocol. Ultimately, the subsidy control framework now applicable in the UK is ostensibly similar in substance to the EU State aid regime, but differs in terms of procedural and enforcement aspects, which remain in significant part, “under construction”. BEIS has recently issued a consultation on further developing the UK’s domestic

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)

Quotation

Tim Briggs, Lode Van Den Hende, Mark Jephcott, Eric White, Morris Schonberg, The UK Government and the EU Commission issue a trade and cooperation agreement clarifying the subsidy control regime following the end of the Brexit transition period, 31 December 2020, e-Competitions December 2020, Art. N° 99656

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