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Helpful hand-outs post Brexit?

05 November 2021 / Paul Henty
Issue: 7955 / Categories: Features
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Paul Henty examines the scope & challenges of the UK Subsidy Control Bill
  • The UK Government has introduced a new Subsidy Control Bill which, if passed, would lay down the new legislative framework for the control of public subsidies provided to businesses, following the UK’s exit from the EU.

A state subsidy (aka state aid) is a benefit provided from public resources to a private enterprise. Prior to leaving the EU, the control of subsidies in the UK sat squarely within the competency of the European Union. While the UK has left the EU, it has given the EU certain commitments to control subsidies, as explained further below.

Businesses receiving public subsidies have an immediate advantage over competitors, which can have a distortive effect. The subsidy may cover the beneficiary’s production costs, enabling them to lower the price of goods or services below those of rivals. The EU is concerned with maintaining a level playing field across the single market and, post-Brexit, not to grant market access to UK firms benefiting from unfair

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NEWS
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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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