How do the State aid rules apply here? thetimes.co.uk/article/bailou…
For those who don’t pay the Murdoch shilling, here’s the key bit (from @michaelgove).
First point: the State aid rules are to survive a no deal Brexit. They will be preserved in domestic law by these regulations. legislation.gov.uk/ukdsi/2019/978…
(I analysed the draft regulations here. uksala.org/the-state-aid-…).
Second point: under the regulations @CMAgovUK takes over the Commission’s role. So it would have to approve any such aid, balancing its effects on competition against the public benefit.
It would in particular apply the Commission’s guidelines on rescue aid (which under the regulations apply as a default post Brexit). Those guidelines do permit in principle aid to tide a medium/long term viable business over a shock.
But the CMA would be checking the analysis: is the aid no more than needed? Is the business really viable in the longer term and if so why can’t it raise the money privately?
NB: Leadsom (the relevant minister) can issue her own binding guidance to @CMAgovUK to replace the EU’s. She would need to consult the devolved governments.
NB2: the Government could decide to scrap the State aid rules. That though would mean a vote in Parliament as it involves getting rid of a provision of EU law (Article 108(3) TFEU) that has direct effect and is therefore preserved by the EU Withdrawal Act.
Anyone contemplating scrapping the State aid rules needs to appreciate that that would rule out *any* FTA with the EU. It is boat-burning.
NB3 even if you do scrap the State aid rules, the EU is entitled under WTO rules to protect its domestic industry by imposing protective tariffs (countervailing measures) on any U.K. exports that are subsidised. See for background uktradeforum.net/2017/10/10/tra…
It will be taking any opportunity to do that: particularly if the U.K. has scrapped or suspended State aid rules. /ends
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to George Peretz QC🏴󠁧󠁢󠁥󠁮󠁧󠁿🏴󠁧󠁢󠁷󠁬󠁳󠁿BL🇮🇪
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!