February 12, 2020
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Partner James Webber (London-Antitrust) authored a paper entitled “All Change? UK State Aid after Brexit What Law? Whose Courts.” The paper outlines how the EU regards State aid control as critically important – not just to control subsidization but as one of the few executive powers available to the Commission. James outlines how a new solution is needed that “respects the sovereignty of the United Kingdom and the autonomy of the Union” while being properly focused on “prevent[ing] undue distortion of trade and competition” as agreed in the Political Declaration. James explains that the coming dispute over State aid rules can be resolved. A new system of U.K. subsidy control, which provides a genuine “level playing field” can be designed using the WTO SCM Agreement as a starting point and which does not require the U.K. to sign up to EU law or jurisdiction.