Subsidy control is an ever-evolving area of the law, with specific rules that vary significantly across sectors. An increasing number of companies are finding themselves in the spotlight of subsidy control regimes in various sectors – from energy and infrastructure to tax deals and company rescues. This is not only a compliance matter but can also be a useful tool to challenge competitors with an unfair advantage.  Following the UK’s exit from the European Union, we can help clients with compliance with post-Brexit subsidy control arrangements, which will continue to evolve and develop.

Our top-ranked Competition practice can advise across the spectrum of subsidy control issues. Our sector knowledge means we can offer pragmatic and focused expertise across the energy, water, transport, infrastructure and telecommunications sectors, and beyond.

Our services

We offer actionable compliance advice to both recipients and granters of subsidy control. We can help you arrive at commercial and pragmatic solutions, while managing the legal aspects across the process – whether you are in receipt of aid or a public authority granting the aid.

We can advise on all contentious aspects of subsidy control, including defence of clients in relation to payment and recovery of unlawful aid, and pursuing competitors who have unfairly benefitted from state support.

As part of our Regulatory Risk and Compliance offering, we can help you to develop sound competition law and State aid risk management strategies and compliance policies, and conduct in-depth audits, along with crisis management, litigation risk and exposure assessments. 

Our experience

Development agencies and innovation services: Acting for key economic development agencies across a variety of grant and support projects as well as contentious matters across almost all sectors of the economy, including on the UK’s subsidy control regime under the EU/UK Trade and Cooperation Agreement. We also provide extensive subsidy control  advice to many other backers such as UK innovation hubs.

Energy: Acting extensively for major energy companies across various government support mechanisms for the energy industry, particularly in relation to renewables projects and capacity markets, together with advice on aid granted to energy infrastructure projects such as district heating.

Infrastructure: Advising on EU State aid aspects of major infrastructure projects across a variety of sectors including ports, transport, housing and local services. We have advised on EU State aid aspects from project inception to delivery.