ARTICLE
12 July 2016

Brexit State Aid Implications

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
State aid control is unusual internationally. State aid is entirely a matter of EU law and is administered by the EU.
European Union Antitrust/Competition Law

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.

View full memo, Brexit: State Aid Implications

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.

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