TO BE PUBLISHED November 2026
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This conference will examine next steps for subsidy control in the UK. Areas for discussion include regime effectiveness and the further development of the framework, streamlined routes and support for public authorities, referral thresholds and appeals, transparency and the subsidy database, implications for businesses and investors, and international considerations, including UK-EU cooperation.
It will bring together stakeholders and policymakers following the Subsidy Advice Unit’s first monitoring report on the effectiveness of the Subsidy Control Act 2022 and its impact on competition and investment. While the report found the regime to be operating effectively overall, we expect discussion to focus on areas it identifies for further attention, including guidance and support, streamlined routes, transparency and the limited evidence currently available on impacts.
Delegates will also consider the new streamlined routes for housing, arts and culture, and community and regeneration, the higher £25m mandatory referral threshold for subsidies in non-sensitive sectors, and recent Competition Appeal Tribunal and Court of Appeal judgements on the interpretation and application of the Subsidy Control Act.
The agenda also looks at questions around support for public authorities, and practical implications for those awarding, receiving, advising on or affected by subsidies. Areas for discussion include legal certainty, the timeliness and cost of subsidy processes, implications for commercial and investment decisions, and confidence among competitors and other affected parties that potential distortions can be identified and addressed.
The international context will also be considered, including the five-year review of the UK-EU Trade and Cooperation Agreement, developments in UK and EU subsidy policy, and the relationship between subsidy control, investment and wider industrial strategy objectives.
Regime effectiveness, decision-making & further development
Delegates will consider how the subsidy control regime is working in practice, including what experience to date indicates about the clarity and usability of the framework for public authorities, recipients, competitors and investors, alongside priorities arising from the SAU’s report.
Areas for discussion include:
- regime effectiveness:
- experience of applying the Subsidy Control Act 2022 - areas of uncertainty for authorities, recipients and other affected organisations - implications of developing case law for subsidy decision-making
- timing and quality of subsidy assessments - monitoring outcomes of awards - legal certainty and confidence in decisions
- administrative burden:
- compliance, evidence and monitoring costs - implications for the timing and predictability of investment and public policy delivery
- impact of changes to referral thresholds, streamlined routes and transparency arrangements - scrutiny of higher-risk subsidies
- evidence base:
- assessing impacts on competition and business investment - public authority, regional and sectoral trends in awards
- improving the use of subsidy data - evaluating whether interventions are achieving intended objectives and their effects on recipients, competitors and markets
- policy coherence:
- relationship with the Modern Industrial Strategy and net zero objectives
- assessing intended benefits of subsidies alongside risks of distortion, displacement and disadvantage to competitors
Streamlined routes & supporting public authorities
Looking at streamlined routes and wider support for public authorities, attendees will assess approaches to making the regime clear and workable in practice, including for authorities designing and modifying schemes, applicants and recipients, and businesses potentially affected by subsidy decisions.
Areas for discussion include:
- streamlined routes:
- new provision for housing, arts and culture, and community and regeneration - take-up and experience of use by public authorities
- implications for speed, accessibility and certainty - evaluation of how arrangements work in practice - factors relevant to consideration of further routes
- public authorities:
- government engagement on how the regime is operating in practice - guidance, capacity and approaches to demonstrating compliance
- subsidy assessment and scheme design - treatment of changes to existing arrangements - providing greater certainty for authorities, businesses and advisers
- transparency:
- improving information on subsidies and where authorities conclude that a measure is not a subsidy
- clarity and practical value of published information for recipients, competitors and potential challengers - developing the functionality of the subsidy database
- data & monitoring: use of subsidy data to support assessment, monitoring and evaluation - reducing unnecessary administrative demands on authorities and applicants
Subsidy decision-making, case law & challenge
The developing case law will be considered in terms of its practical implications for public authorities, subsidy recipients, competitors and advisers, alongside the operation of referrals and the effectiveness of routes for challenge.
Areas for discussion include:
- case law & decision-making:
- implications of recent Competition Appeal Tribunal and Court of Appeal judgments, including on what constitutes a subsidy and the commercial market operator principle
- effects on subsidy assessment, scheme design, changes to funding arrangements, commercial evidence and record-keeping
- referrals & thresholds:
- operation of SAU referral and reporting processes - scope for improving clarity, timeliness and usefulness
- effects of the higher mandatory referral threshold in non-sensitive sectors on scrutiny, burdens and certainty for authorities and businesses
- challenge & review:
- experience of the challenge mechanism to date - frequency and outcomes of CAT appeals - what this may indicate about the practical operation of the framework
- access to information, commercial confidentiality, costs and time limits - implications for authorities, recipients and potential challengers
UK-EU cooperation & future policy
Further sessions will consider the relationship between the UK subsidy control regime and developments in EU State aid policy, including implications for cooperation under the Trade and Cooperation Agreement, businesses operating across the UK and EU, and future policy development.
Areas for discussion include:
- Trade and Cooperation Agreement:
- subsidy control considerations in UK-EU cooperation and the five-year review of the TCA - evolving EU State aid policy
- implications for businesses, investment and competition, including in areas where subsidy policy may be relevant to closer cooperation
- regulatory divergence: differences in approach to transparency, scrutiny and enforcement - implications for businesses operating, investing or competing across the UK and EU
- industrial strategy & investment:
- the role of subsidy frameworks in supporting investment and wider industrial strategy objectives
- providing clarity for investors and businesses while identifying and addressing effects on competitors and markets
- future policy: priorities arising from experience of implementation, the SAU review and developing case law - options for refinement of policy, guidance and legislation
All delegates will be able to contribute to the output of the conference, which will be shared with parliamentary, ministerial, departmental and regulatory offices, and more widely. This includes the full proceedings and additional articles submitted by delegates. As well as key stakeholders, those already due to attend include officials from the Department for Business, Innovation, Science and Trade; Department for Environment, Food and Rural Affairs; Department for Energy Security and Net Zero; Department of Health and Social Care; Department for Transport; Department of Agriculture, Environment and Rural Affairs, NI; Department for the Economy, NI; Ministry of Housing, Communities and Local Government; Government Legal Department; HM Treasury; Intellectual Property Office; House of Commons Library; National Wealth Fund; Office for Investment; Office of Rail and Road; the Welsh Government; and The Scottish Government.
