SUBSIDY CONTROL

January 23rd, 2026 by James Goudie KC

Sections 2-4 inclusive of the Subsidy Control ACT 2022 define “ subsidy”. It includes specific financial assistance which confers an ECONOMIC ADVANTAGE on an enterprise where the benefit to the enterprise is provided in terms that are “ more favourable “ to the enterprise than the terms that might reasonably have been expected to have been  “ available on the market “ to the enterprise. BICKNELL v NHS NOTTINGHAMSHIRE ICB ( 2026 ) EWCA Civ 21 confirms that in competition law  one criterion for determining “ economic “ is whether the entity PARTICIPATES IN A MARKET.

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