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  3. State aid and subsidies
State aid and subsidies
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State aid and state-backed subsidies play an increasingly prominent role for companies doing business in Europe, driven by geopolitics as well as rapid digitisation and green transformation.

We have unrivalled experience in assisting both governments and companies across multiple industry sectors to navigate this constantly changing regulatory environment.

Businesses in the EU, faced with unprecedented global events, are increasingly making use of state aid rules, whether as a sword to challenge unfair advantages, or a shield to benefit from state support. These rules provide significant funding opportunities for companies investing in the twin transformations promoted by the EU – digital (infrastructure, services, innovation) and decarbonisation (the European Green Deal).

In addition, state aid remains an important factor in transaction planning. The EU’s new Foreign Subsidies Regulation has added further complexity, and we have been at the forefront of preparing clients for its impact on deals and have advised on many of the first cases reviewed by the European Commission under the new regime.

Across the Channel, the UK’s subsidy control regime continues to take shape, with the CMA’s new Subsidy Advice Unit already reviewing a number of cases and the Competition Appeal Tribunal having handed down its first review judgement. As the regime develops further, companies operating in the UK must assess its impact on their businesses.

Our expertise gained over many years across all types of industry, and involvement in cutting-edge cases, equip us to provide clients with informed, strategic and decisive advice on their most complex projects. We also draw on decades of experience of working on high profile matters with both the European Commission and EU member states. For example, we represented clients on the major financial crisis cases and on the European Commission’s ground-breaking investigations of national tax measures, where our end-to-end expert advice spanned initial investigations to subsequent litigation in the EU courts.

Related capabilities
Antitrust and competition
Antitrust investigations
Antitrust litigation
Foreign direct investment and national security
International trade
Merger control
Utility and infrastructure regulation
ContactsMeet the team
Brussels
Andreas von BoninPartner
London, Brussels
Martin McElweePartner
Brussels
Merit OlthoffPartner
Berlin
Thomas LübbigOf Counsel
Meet the team
Awards & Recognitions
Financial Times, Innovative Lawyers Awards
Winner of the Financial Times ‘Standout innovation’ award for ‘Reshaping the rules around European state aid’
Our thinking

Our thinking

Blog
Mar 25 2022
State aid: The Commission has adopted a Temporary Crisis Framework in response to the conflict in Ukraine
On 23 March 2022, in response to the conflict in Ukraine, the European Commission (the Commission) adopted a Temporary Crisis Framework...
Blog
Oct 31 2022
State aid: expanded Ukraine Temporary Crisis Framework allows recapitalisation
On 28 October 2022, the European Commission (Commission) adopted a significant expansion of the Temporary Crisis Framework (TCF) it had...
Briefing
Nov 2 2021
COP26 Initiative: Mobilising the finance for green transformation: EU State aid vs UK subsidy control regimes

Blog
Jan 5 2023
The UK Subsidy Control Act comes into force – Practical considerations for beneficiaries of subsidies
Subsidies and rules governing the distribution of subsidies remain a hot topic in the wake of the COVID-19 pandemic, ongoing Ukraine war...
Related capabilities
Antitrust and competitionAntitrust investigationsAntitrust litigationForeign direct investment and national securityInternational tradeMerger controlUtility and infrastructure regulation
Related capabilities
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