Commercial market operator principle clarified in CAT ruling on subsidy control challenge
28 July 2025
Insight Hub
11 July 2025
The Subsidy Control Act 2022 (the “Act”) came into force in January 2023 and replaced the European Union state aid regime. Our previous article provides an overview of the key features of the Act. Here, Olivia Dawson considers the Act’s subsidy challenge regime, the Competition Appeal Tribunal’s (the “CAT’s”) approach to case management and costs,…
Read more10 July 2025
We heard in the news yesterday (9 July 2025) that the fourth subsidy control challenge is being brought before the Competition Appeal Tribunal (the “CAT”). The challenge is to be brought by Bristol Airport against the Welsh Government’s subsidy to Cardiff International Airport (the “Airport”). The subsidy is an award of up to £205 million…
Read more24 June 2025
Public authorities are likely no stranger to the rules governing the modification of instruments awarded by public authorities in the procurement context[1], but the legal framework surrounding amendments made to awarded subsidies may feel less familiar. This is no surprise – in fact, at the time of writing, only 10 of the 1554 standalone subsidies…
Read more25 March 2025
Manchester United’s plans to build a new stadium have been the subject of widespread criticism: the design has been likened to a “circus tent”, the club’s Supporters’ Trust is “anxious” about implications for ticket pricing; and Graham Stringer MP has described the plans as a “tax exile’s half-baked, misbegotten scheme”. Mr. Stringer is, concerned about…
Read more11 March 2025
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…
Read more13 December 2024
Following the publication of subsidy control principle assessment guidance for subsidies and subsidies or schemes of interest (“SSoIs”) or subsidy or schemes of particular interest (“SSoPIs”) on 9 December 2024, we consider the process of making a referral to the Subsidy Advice Unit (“SAU”). The SAU is part of the Competition and Markets Authority and…
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