The EU Commission and the UK Government agree on post-Brexit State Aid law in their Trade and Cooperation Agreement

State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union ("EU") during the negotiations was to secure a "level playing field" on State aid, in order to ensure that EU-based companies would not be competing with UK businesses that were in receipt of subsidies that did not conform to the subsidy limitation rules imposed by the EU State aid regime. The UK's concern was its insistence that, post-Brexit, it must not be bound by evolving EU rules, including State aid guidelines, and should not be bound by the jurisprudence of the Court of Justice of the European Union ("CJEU") when it comes to interpreting and applying State aid

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  • White & Case (Brussels)
  • White & Case (London)
  • White & Case (London)

Quotation

Genevra Forwood, Kate Kelliher, Marc Israel, The EU Commission and the UK Government agree on post-Brexit State Aid law in their Trade and Cooperation Agreement, 31 December 2020, e-Competitions UK & Covid-19, Art. N° 99617

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