May 26, 2020

UK government publishes “no-deal” state aid notice

On 23 August 2018, the UK government published a  notice, committing the UK to a continued application of state aid rules even in the event of no deal being agreed with the EU on the UK’s withdrawal. The notice explains how EU state aid rules would be transposed into UK domestic legislation. The Competition and Markets Authority will take the role of enforcement and supervision for the whole UK and the rules will apply to all sectors and all businesses with operations in the UK – whether UK, EU or third country based. UK businesses and EU businesses with operations in the UK will still be able to receive state aid from UK public authorities in accordance with the UK state aid rules.

This notice is one of a first round of 25 technical notices advising businesses and citizens on how to mitigate and plan the consequences if the UK and the EU do not reach a deal by Brexit day. These “no-deal” notices are a first part of 80 technical notices to be expected in the coming weeks and cover  a broad range of areas.

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About this Author

Kevin Coates, Covington, regulatory and public policy attorney

Kevin Coates advises clients on critical antitrust matters drawing on his extensive public sector experience in the Directorate-General for Competition of the European Commission ("DG COMP"), most recently as Head of a Cartel Unit.

His practice has a particular focus on advising companies in the electronics, technology, software and e-commerce sectors.

Mr. Coates advises on all aspects of EU, UK and international competition law, including merger control, compliance, cartels and leniency, and abuse of dominance.

32 2 549 5232

Daniel Muheme is an associate in the Antitrust and EU Competition team in Brussels and advises clients on all aspects of EU and Belgian competition law in a wide variety of sectors.

Prior to joining the firm, Mr. Muheme worked as an associate lawyer and also gained experience as a research and teaching assistant in European and Belgian competition law at the University of Liège (Liege Competition and Innovation Institute – LCII).

Mr. Muheme recently obtained an LL.M. in Global Antitrust & Economics from George Mason University in Washington DC and did an internship at the Office of International Affairs of the U.S. Federal Trade Commission.

+32 2 549 5266