In today’s global marketplace, competition law and subsidy control plays a crucial role. The risk of falling foul of the rules has never been so high.
In the interests of fairness, competition authorities are increasingly employing an ever-growing range of powers to investigate markets, mergers, cartels, alleged abuses of dominant market positions and contractual arrangements between competitors and supply chain arrangements. These controls try to ensure businesses operate in an ethical and fair way.
What do we do?
Competition
Competition authorities are increasingly involved in protecting markets and competition through merger control, looking at whether an acquisition may pose a risk of anti-competitive effects or actually has that effect. Early consideration of these issues can influence deal structure and risk sharing as well as other transaction terms such as price.
We have extensive experience of handling legal issues relating to EU and UK competition law regimes. Known for our fast response and pragmatic approach, our expert team can help protect business interests and minimise reputational damage in the event of any compliance challenges, investigations or dawn raids related to the competition regime.
We regularly advise on:
- commercial agreements;
- competition investigations;
- competition compliance programmes; and
- merger control.
Where there is a potential breach of competition rules, we will guide you through the best course of action. Should a matter proceed to investigation, our team are experienced in representing clients who face any enforcement action, including fines (which can be substantial), or who are required to appear at hearings held by competition authorities or respond to information requests.
Subsidy control (previously state aid)
Following the UK’s withdraw from the EU, the UK has established its own regulatory framework to govern public financial assistance to businesses, ensuring fair competition and compliance with the UK’s international obligations.
The Subsidy Control Act 2022, provides a framework for UK public authorities to award subsidies in a way that promotes economic growth while minimising market distortions and complying with the UK’s international obligations. The rules are complex, with significant consequences for non-compliance including having to repay the amount of the aid plus interest.
We provide practical and commercial solution-driven advice around the use and application of the subsidy principles; Minimal Financial Assistance; Subsidies and Schemes of Interest; and Subsidies and Schemes of Particular Interest to both public and private sector clients on the giving and receiving subsidies and related issues. This includes applying for public sector grant funding and the self-assessment process, transparency requirements and how to upload details of a scheme or award to the UK subsidy database maintained by the UK Government Department for Business and Trade.
Who do we help?
We help all businesses involved in key supply chain relationships, businesses with a substantial market share and businesses involved in mergers and acquisitions, public sector property developments and/ or recipients of grant funding.
We advise private, public and third sector organisations on competition law and subsidy control compliance and investigations.