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ARTICLE · 30 NOVEMBER 2023

Subsidy Control Act 2022 – Potential Impacts Of The First Challenge

Shepherd and Wedderburn
Shepherd and Wedderburn
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The Subsidy Control Act 2022 (2022 Act) came into force on 4 January 2023 and implemented the UK's newly reformed subsidy control regime.

European UnionLitigation, Mediation & Arbitration
Ross Gibson
Ross Gibson
Morgan McSherry
Morgan McSherry
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The Subsidy Control Act 2022 (2022 Act) came into force on 4 January 2023 and implemented the UK's newly reformed subsidy control regime. A previous article of ours detailed the new features of the regime under the 2022 Act and discussed how they may be applied.

The Competition Appeal Tribunal (CAT) recently handed down its first decision on a challenge under the 2022 Act in the case of Durham County Council v The Durham Company Limited [2023] CAT 50. This article will discuss the case and examine its possible impacts, as well as the potential of a subsequent appeal.

The facts

The Durham Company Limited, trading as Max Recycle, operate as a commercial waste disposal company in County Durham. Durham County Council collect household waste in the county in their role as local authority. They also offer a service collecting commercial waste and charge businesses for this. Max Recycle claimed that in offering a subsidised lower-priced commercial waste

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