Subsidy Control
Subsidy control is a continuously evolving area of law, in which rules vary from one sector to another. Both granters and recipients of potential subsidy should stay on top of their compliance obligations, while businesses should also be ready to challenge their competitors’ behaviour.

Ensuring compliance with the Subsidy Control Act 2022 is difficult: not only do the rules change frequently, they vary significantly from one sector to the next.

We have the necessary legal and sector-specific knowledge – in energy, water, transport, infrastructure, telecommunications and other areas – to help both granters and recipients of potential subsidy. We provide clear and practical advice that helps you to reach a commercial and pragmatic solution.

We can help you to develop sound risk management strategies, for example by carrying out an in-depth investigation of your existing arrangements, including your crisis management procedures and the particular litigation risks that you are exposed to.

Having robust policies and procedures in place makes disputes much less likely, but, when required, we can advise on every aspect of a defence. Our contentious team can also pursue your competitors if they have unfairly benefitted from state support.

Our expertise includes:

Sector-specific advice on the Subsidy Control Act 2022
Advice and guidance to put in place subsidy control assessments
Defence of claims under the Subsidy Control Act 2022
Pursuing competitors who have benefitted unfairly

Some relevant experience

Acting for key economic development agencies in a variety of grant and support projects, as well as contentious matters, and in almost every sector. Including advice on the UK’s subsidy control regime under the EU/UK Trade and Cooperation Agreement. We also provide subsidy control advice to many other backers, such as UK innovation hubs.

Advising major energy companies on various government support mechanisms, particularly in relation to renewables projects and capacity markets. Also advising on aid granted to energy infrastructure projects, such as district heating.

Advising on the EU State aid aspects of major infrastructure projects across a variety of sectors including ports, transport, housing and local services.

Meet our key contacts

Jamie McRorie

Partner

Meet our full team

Gordon Downie

Partner

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Jamie McRorie

Partner

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Kenzie Sharkey

Senior Associate

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Related articles and insights: Subsidy Control

23 April 2025

Consultation response: refining the UK subsidy control regime

Contributor: Gordon Downie

This article reflects on the UK Government’s recent consultation with respect to refining the UK subsidy control regime, and highlighting the key changes that have been effected following a review by the Department for Business and Trade (the DBT).

14 March 2024

Subsidies in Space

Contributor: Ruairidh Leishman

In January, the Competition and Markets Authority’s Subsidy Advice Unit published their report assessing the UK Space Agency’s plans for a subsidy scheme that will help firms based in Great Britain to develop their satellite communications capabilities.

28 November 2023

Subsidy Control Act 2022 – potential impacts of the first challenge

A look back at the first decision of the Competition Appeal Tribunal under the Subsidy Control Act 2022, with eyes forward to its impacts and potential appeal.

31 October 2023

Moveable transactions – Scotland v England: Round 1 – assigning receivables

Contributors:
Andrew Kinnes, Hamish Patrick

Scottish moveable transactions law is currently outdated and much less useful in practice than the law in England and Wales. The Moveable Transactions (Scotland) Act 2023 will bring Scots law up to date when it comes into force and will arguably move it ahead of the law south of the border. This article, first published in the October issue of the Butterworths Journal of International Banking and Financial Law, tests whether or not that is the case when assigning receivables.

30 January 2023

Subsidy Control Act 2022 – The subsidy transparency database

The Subsidy Control Act 2022 requires that public authorities publish information about any subsidy awarded or subsidy scheme created. The database of these awards is now live and this article focusses on the information that is required to be uploaded to that database and the ability to challenge those published grants and schemes.