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State aid control is unusual internationally. State aid is
entirely a matter of EU law and is administered by the EU. Unlike
other areas of competition law, such as antitrust and merger
control, there are no national rules or institutional structure to
enforce State aid rules. There is also no international system of
State aid control either—aside from the constraints of the
WTO Agreement on Subsidies and Countervailing Measures—which
are much less extensive.
As a result, the referendum outcome creates greater uncertainty
as to the future of the State aid regime than for other areas of
competition law. This short note considers what the UK's
referendum result might mean for State aid control including for
future UK nuclear projects.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.