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Subsidy control

As leading experts in subsidy control, we help authorities and private sector entities navigate through the complex landscape of public funding.

Our subsidy control lawyers work with authorities and private sector entities to guide them through the complexities of public funding.

Leveraging extensive experience in competition law, and drawing on insights from sector specialists, we provide comprehensive advice on compliance with the Subsidy Control Act 2022 and funding agreements.

We guide public authorities through the process of making subsidy referrals to the Subsidy Advice Unit (part of the Competition and Markets Authority) as well as supporting them to defend formal and informal subsidy challenges.

Our subsidy control lawyers also support private entities in making funding applications as well as initiating complaints to, and proceedings by, the Competition Appeal Tribunal and the European Commission where unlawful subsidies may have been awarded to competitors.

Services

Supporting the development of funding applications

including demonstrating compliance with the Subsidy Control Act 2022 and EU State aid law.

Drafting and negotiating funding agreements.

Assessments of subsidies against the Subsidy Control Principles

including gathering evidence and making referrals to the Subsidy Advice Unit.

Audits of publicly financed projects

to confirm subsidy control compliance.

Advising both the grantor and recipient of subsidies on minimising and mitigating risk of subsidy challenge.

Advising private sector entities on formal and informal challenges to subsidies awarded to competitors

including advice during tight windows to raise challenges.

Examples of our work

UKRI and BEIS

Advising on subsidy control principles, assessment and negotiation of the funding agreement and security documentation for a £210 million grant to Rolls Royce SMR.

Innovate UK

Advising on subsidy control compliance and negotiation of funding agreements totalling £1.6 billion with nine Catapult organisations in 2020-2023 and 2023-2028.

Kent County Council

Advising on funding agreements and compliance with the Subsidy Control Act 2022 in relation to Port of Dover funding, including gathering evidence for the subsidy control principles assessment and liaising with the Port, DfT and CMA.

Vaccine Taskforce / DHSC / UKHSA

Advising on Covid-19 projects (£10 billion+) on state aid, subsidy control, grant funding and procurement law issues, including development and purchase of lateral flow devices on behalf of UK Government.

A&P Group

Advising on subsidy control matters relating to £ multi-million port redevelopment project.

Isle of Anglesey County Council

Advising on subsidy control compliance for projects selected for grants from the Levelling Up Fund and UK Shared Prosperity Fund, producing and negotiating grant funding agreements for the programmes.

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What others say

“The factor that distinguishes the procurement team is that they don’t just deliver academic opinions but they contextualise to provide practical advice and risk assessments.”

Chambers UK 2025

“Burges Salmon is one of the main players in the space.”

Chambers UK 2024

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Insights

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