Subsidy control and state aid 

The Subsidy Control Act 2022 together with related regulations and guidance, establishes the subsidy control regime which governs financial assistance provided by public bodies (directly or indirectly). Such financial assistance can include grants, loans, equity investment, guarantees and other forms of financial assistance such as undervalue land disposals. 

The subsidy control regime requires careful assessment and documentation of public funding and other commercial arrangements. Our subsidy team assists public and private sector clients to comply with the subsidy control system, explore the structures and streamlined routes which facilitate access to public funds, and advise on referrals to the Subsidy Advice Unit.

We have a range of experience advising on funding programmes as well as complex ad hoc transactions, including helping clients develop business cases to evidence the subsidy compliance of a wide variety of proposed funding arrangements. Where you identify a requirement for public funding support we can work with you to structure a proposal which is subsidy compliant - through early engagement we can assess potential risks and develop a commercial strategy which can be supported by the public sector, taking into account any applicable exemptions, schemes and the subsidy principles.

All the members of our team are transactional lawyers as well as subsidy specialists, experienced in advising on commercial activities between the public and private sectors. This means that we don't advise "in a bubble" – instead we would work with colleagues across all disciplines to develop commercial arrangements for you which are also subsidy compliant.