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Brexit and state aid control: four quartets†

Andrea Biondi

Keywords: state aid; Brexit; market efficiency; decentralization of state aid control; subsidies control in EU FTAs; subsidies control in WTO law (SCM Agreement); UK-EU dispute settlement mechanisms

The United Kingdom Government has recently given its clearest indication yet that a domestic state aid regulatory regime, would have to be in place at the end of the Brexit process. The Competition and Markets Authority has been designated as the domestic state aid regulator. This article reassesses the importance of the provisions on state aid within the European Union legal order and reviews the control of subsidies in international trade law, both under World Trade Organization rules and in the EU's trade agreements with third countries. It further examines the challenges and opportunities presented by a process of decentralization of state aid control in the United Kingdom in the context of the negotiations for a future EU-UK trade agreement.

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