Subsidy Control: Shaping New Law into Solution-Focused Answers for Your Clients

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Chair's Introduction

   Subsidy Control: Shaping new law into solution-focused answers for your clients

   Chaired by Ciara Kennedy-Loest of Hogan Lovells

   Ciara is "one of the UK's leading authorities on state aid" and “a superb speaker”. She advised on the State aid aspects of the proposed privatisation of the Greek Railways.

3. Panel

   • Claire Froitzheim, Director, Subsidy Advice Unit, Competition & Markets Authority

     Claire played a key role in setting up and leading the SAU. Previously she was In-House Counsel at American Express and at Cleary Gottlieb Steen & Hamilton.

   • Dr Totis Kotsonis, Head of Subsidies, Pinsent Masons

     Totis has "magisterial expertise in state aid regulation". He is an arbitrator for EU bilateral trade disputes, including subsidy control, under the UK-EU TCA.

   Throughout the day, Claire and Totis will provide practical solutions, address questions, and offer commentary on the talks.

4. 10:15

   Economic Advantage

   What - right now - is the legal position on the conferral of an economic advantage, including guarantees and not for profit enterprises?

   Answered by Joseph Barrett KC

   Joseph is “a total star - fearless and tactically superb.” “He instinctively knows the arguments that will work in court and is the author of “European Law of State Aid.”

5. 10:55

   SAU Reports

   How beneficial are SAU reports given their lack of legal force, and do they result in changes to subsidy awards or schemes?

   Answered by Alexander Rose, DWF

   Alexander advised Durham Council in the UK's first Subsidy Control court case and an automotive manufacturer over a subsidy to build a gigafactory. “His experience is unrivalled.”

6. 11:35

   Morning coffee

7. 11:55

   Enterprise and Selectivity

   Where are the grey areas in defining “enterprise” and assessing selectivity? How big must a subsidy be before it meets the fourth limb of Section 2(1)?

   Answered by George Peretz KC

   George is joint convenor of the UK State Aid Law Association and the UK reporter for the European State Aid Law Quarterly. "He is a leading light in European law issues."

8. 12:35

   Bulb Ruling

   What role is left for Judicial Review of subsidy decisions following the Court of Appeal's ruling in Bulb?

   Answered by Jemima Stratford KC

   Jemima is "a standout practitioner - ferociously intelligent and meticulously prepared". She is a contributor to ”Competition Litigation: UK Practice and Procedure” and acted in the Bulb litigation.

9. 13:15

   Lunch

10. 14:00

    Principle G

    How do you evidence a subsidy's beneficial effect vis a vis its negative impact on trade and competition, in other words, Principle G?

    Answered by Alex Kynoch, Browne Jacobson

    Alex is working with clients to deliver the UK’s largest electric vehicle charging superhub. “He is known for his ability to translate complex legal issues into pragmatic advice.”

11. 14:40

    Infrastructure

    How do you control - and over come - the difficulties of subsidy control and infrastructure and prevent projects from being needlessly held up or cancelled?

    Answered by Jamie McRorie, Shepherd and Wedderburn

    Jamie was formerly Head of Legal at Ofgem for energy pricing, market and connections reform, international sanctions and subsidy control. “He is an acknowledged expert in public law.”

12. 15:20

    Market failure

    Is ‘market failure’ too rigid a test — and can equity goals help where the economic rationale is unclear?

    Answered by The Panel

    Ciara, Totis and Claire will consider market failure and Subsidy Control, and then open the discussion to the audience.

13. 15:50

    Over-run

14. 16:00

    Close of conference