Whether it is state aid rules in the EU or subsidy control in the UK, we assist clients, big and small, in identifying potential subsidies and ensuring adherence to regulatory requirements. Our team are experts at conducting thorough assessments of proposed state investments, funding, or providing support to minimise risks and promote regulatory compliance.

Subsidies can have a big impact on the competitive landscape so ensuring our subsidy control knowledge is always current and comprehensive is paramount for us.

Our state aid expertise

As regards state aid/subsidy control, we can help you with:

Identification of subsidies: assessment of proposed state investment, funding or support

Compliance: supporting clients in ensuring that any subsidies are compliant with the applicable regimes

Complaints and challenges: advice on the making of, and defending against, challenges to subsidies

"Stephen and his team are able to work closely with and efficiently with our in-house teams (lawyers and non-lawyers, and the resolve he has shown on more than one occasion leaves us in no doubt that he has our commercial interests very much at heart."

Kevin Hall, Southern Water

We can also support you in complying with the regulatory aspects of a procurement process, working with both contracting authorities and tenderers, including in relation to contract award challenges.

Carrying out procurement exercises can be complex, particularly when they are subject to the regulatory frameworks applied in the UK or EU. This is especially true for regulated utilities that are subject to similar rules as public bodies regarding the conduct of their procurement.

We promote transparency, fairness, and efficiency in procurement exercises, enabling clients to engage effectively and mitigate legal risks.

Our expertise

We can help you with:

Commercial drafting: drafting of pro forma contracts used as part of the tender package.

Conduct of PQQ/ITT: reviewing pre-qualification questionnaires (PQQ) and contract/tender documentation accompanying the Invitation to Tender (ITT).

Framework Agreements: advising on the treatment of framework agreements under the rules.

Pre-selection and award criteria: advising on pre-qualification selection and award criteria.

Procedures: advising on the appropriate award procedure (open, restricted, competitive procedure with negotiation, competitive dialogue and innovation partnership, etc.) and implications thereof.

Remedies: advising on remedies for non-compliance and issues of commercial risk.

State Aid and Public Procurement experience

5G infrastructure

Assistance provided to a company bidding for a UK government contract relating to the rolling out of infrastructure for 5G mobile telephony

Bus services

Advice to a Welsh bus operator regarding the legitimacy of competing services supplied by a regional authority

Energy research

Retained to assist a North American tech company in negotiations with UK government relating to the building of a new research facility to be based in the Midlands

Welsh power station

Advice regarding the maintenance of utility services to a power station facing liquidation

State Aid and Public Procurement