Virtual

UK Subsidy Control Act 2022 – Now live but what does it mean in practice?

13 Mar 2023

Location: 12:00pm - 1:00pm UK Time Virtual Event (Zoom)
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UK Subsidy Control Act 2022 – Now live but what does it mean in practice?

Highlights

The main provisions of the Subsidy Control Act 2022 came into force on 4 January 2023. The Act replaces a similar regime for subsidy control that has operated in the UK since 1 January 2021.  The new regime reflects a shift in focus from the EU State aid regime where a public body is not required to obtain clearance before granting a subsidy but must instead self-assess compliance with the Subsidy Control Principles. The Subsidy Advice Unit (SAU) is charged with issuing non-binding advice to public bodies in respect of certain subsidies.

This session provides an opportunity for early exploration of the new regulatory framework where questions over interpretation and enforcement are yet to be fully determined.

Our Panel of Experts:

Professor Suzanne Rab
Barrister
Serle Court

Suzanne obtained higher rights of audience whilst in private practice as a solicitor for 15 years prior to joining the bar. She has held positions at magic circle and leading international antitrust practices. Most recently she was an antitrust partner with a leading US firm in London

Suzanne has wide experience of competition law, EU law and regulatory matters combining cartel regulation, commercial practices, IP exploitation, merger control, public procurement and State aid/subsidy control.

Suzanne’s practice has a particular focus on the interface between competition law and economic regulation. She advises governments, regulators and businesses across the regulated sectors including in the communications, energy, financial services, healthcare/ pharmaceuticals, TMT and water sectors.

Suzanne has significant experience of advising on the development, implementation and application of new competition laws and regulatory regimes in line with international best practices, including in emerging markets. She is a member of the UK Regulators Network (UKRN) Expert Advisory Panel. 

In private practice as a solicitor for 15 years prior to joining the bar, she has held positions at magic circle and leading international antitrust practices. Most recently she was an antitrust partner with a leading US practice. She has also held the role of director at PricewaterhouseCoopers working within its strategy, economics and forensics teams.

Suzanne speaks French and has worked in a bilingual office while practising as a solicitor.

Suzanne is the author of “Indian Competition Law, an International Perspective” (first published by Wolters Kluwer, May 2012; with a supplement of cartel regulation published in January 2013). The book is the first-of-its-kind international comparative analysis of the Competition Act 2002 published contemporaneously with the coming into force of Indian competition law and merger control.

Suzanne is also co-author of "Media Ownership and Control: Law, Economics and Policy in an Indian and International Context" (Hart Studies in Competition Law, 2014) and "Hong Kong Competition Law" (Hart/Bloomsbury, 2016). Suzanne is a contributor to "Cross-Border Copyright Licensing, Law and Practice" (Elgar Intellectual Property Law and Practice series, 2018) and "Artificial Intelligence Law and Regulation" (Edward Elgar, 2022)

Suzanne Rab was recognised by The Lawyer as one of the “Hot 100” lawyers for 2022, most notably for her work for public bodies including in relation to net zero, competition law and subsidy control.


Professor Suzanne Rab
Professor Suzanne Rab Barrister
Serle Court
Nicole Robins
Partner, Head of State Aid & Subsidiary Control
Oxera

Nicole is a partner at the economics and finance consultancy, Oxera, where she heads Oxera’s Subsidy Control and State Aid practice.

Nicole leads Oxera’s advice to clients on a wide range of economic and financial issues in subsidy control and state aid cases. In the context of the UK subsidy control regime, this includes assessments of the commercial market operator principle, the application of subsidy control rules relating to services of public economic interest, as well as assessments of the subsidy control principles.

She provides advice on compliance with the subsidy control rules from an economics perspective, and advises beneficiaries, complainants and public authorities in subsidy control cases, including in cases in front of the UK courts.

Nicole also has extensive experience advising clients on economic and financial issues on EU state aid cases in front of the Commission, across a broad range of sectors. She has also given expert evidence on state aid matters in front of the General Court on a number of occasions.

She teaches the state aid module on the postgraduate diploma in Economics for Competition Law at King’s College London.

Nicole was named Economist of the Year by Global Competition Review in 2020.


Nicole Robins
Nicole Robins Partner, Head of State Aid & Subsidiary Control
Oxera
Daniel Schwarz
Senior Associate
Clifford Chance

Daniel Schwarz advises on all areas of competition law including mergers and acquisitions, cartels, abuses of market power, market investigations, and subsidies, as well as FDI reviews.

Daniel is also a Legal Fellow at Cambridge University's Centre for Finance, Technology & Regulation. His research addresses the application of competition policy to FinTech from legal and economic perspectives. He has delivered lectures at Oxford University, HM Treasury, the OECD, the Centre for Competition Policy and the Bank of Spain. He has had articles published on topics including financial services, insurance, merger control and free trade agreements. He is a winner of the Highly Commended prize in the Law Society Competition Section’s Horsfall-Turner essay competition.

He previously worked as a Counsel at the International Monetary Fund in Washington DC, advising on international finance, trade and competition law. He was an author of a leading IMF report on Rising Corporate Market Power which was launched with Senator Amy Klobuchar and Commissioner Margrethe Vestager. He was previously seconded from Clifford Chance to the Strategy & Competition Division at the Financial Conduct Authority. He holds degrees in economics from the University of Warwick and law from the University of Nottingham.


Daniel Schwarz
Daniel Schwarz Senior Associate
Clifford Chance

Agenda

11:55am
Audience Logon
12:00pm
Chair's Opening Remarks
Speakers:
Daniel Schwarz - Senior Associate - Clifford Chance
12:05pm
UK Subsidy Control Act 2022 – Now live but what does it mean in practice?
Speakers:
Professor Suzanne Rab - Barrister - Serle Court
Nicole Robins - Partner, Head of State Aid & Subsidiary Control - Oxera
12:45pm
Panel Q&A
1:00pm
Chair's Closing Remarks and Summation of Event
Speakers:
Daniel Schwarz - Senior Associate - Clifford Chance

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