Substantive Convergence and Institutional Divergence: The Regulation of Subsidies in the UK

Abstract The UK Subsidy Control Act 2022 is not fundamentally different, as far as its substantive provisions are concerned, from the EU state aid regime. Its institutional setup, on the other hand, departs significantly from that underpinning its EU counterpart. The article discusses how this factor—together with the impact it may have on the powers and incentives of the various actors in the system—has influenced, and is likely to influence, the substantive evolution of the UK regime over time. The analysis considers the administrative practice of the Competition and Markets Authority and the emerging case law of the Competition Appeal Tribunal.