Nine months in and the UK's new subsidy control regime is coming into sharper focus …
20 September 2023
Client Alert | UK | Subsidy Control | September 2023
On 4 January 2023 the Subsidy Control Act 2022 (SCA) came into force, establishing a regime for regulating, post-Brexit, the grant of subsidies in the UK. Nine months later, the first ruling by the Competition Appeals Tribunal (CAT) and the publication of the Subsidy Advice Unit's (SAU) first report on a subsidy assessment are beginning to shed light on how the new regime will operate in practice.
The Durham Company Limited (trading as Max Recycle) v Durham County Council concerned whether, by permitting the collection of household waste (for which the Council was not permitted to charge) to subsidise the collection of commercial waste, a subsidy was being conferred on businesses who were being charged less for waste collection than would have been the case if residential collections had been operated separately.
The CAT provided helpful guidance on three aspects of the SCA regime. Click on the PDF below to find out more.