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The Court of Appeal has handed down its judgment in R (British Gas Trading and E.ON) v Secretary of State for Energy Security and Net Zero. This judgment follows the Divisional Court’s earlier refusal to grant British Gas and E.ON permission to judicially review decisions made by the Secretary of State for Business, Energy and…

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The Competition Appeal Tribunal (“CAT”) is this week considering a landmark class action brought against six of England’s largest water companies. The case will have implications for Ofwat, water companies and customers alike. Our regulatory and competition experts consider what we know so far and what lies ahead for the parties and billpayers. Case Overview…

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Earlier this summer the Competition Appeal Tribunal (the “CAT”) handed down its first judgment under the new subsidy control regime in the Durham Company Limited v Durham County Council[1]. The CAT dismissed the section 70 challenge, finding in favour of the Council. Here, Oliver Slater and Shyann Sheehy consider the CAT’s judgment and discuss what…

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The Subsidy Control Act 2022 (the “Act”) introduced a new concept of minimal financial assistance (“MFA”), whereby public authorities can award low value subsidies without having to comply with the stringent requirements of the Act. As such, the MFA regime represents an attractive route for public authorities to award grant funding without performing the usual…

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The Subsidy Control Act 2022 (the “Act”) introduced a new concept of minimal financial assistance (“MFA”), whereby public authorities can award low value subsidies without having to undertake a full compliance assessment. However there are still requirements. We explore the MFA regime and associated procedural requirements below. What are the exemptions? Public authorities do not…

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