11 February 2021
Subsidy Control in the UK following the end of the Brexit Transition Period
The EU State aid regime in its current form ceased to be applicable in the UK as at the end of 31 December 2020, when the Brexit transition period expired. Going forward, State aid or “subsidy control” in the UK will be based on the subsidy control chapter under the UK-EU Trade and Cooperation...
08 July 2020
The European Green Deal and its implications for regulation, State aid and competition policy: Do the rules need to change?
This artilce is an adapted version of a briefing paper prepared with the economics consultancy, Oxera, in connection with our joint webinar event on the European Green Deal and its implications for regulation, State aid and competition policy. The webinar, which will feature speakers from the...
19 June 2020
The European Commission adopts White Paper on how to address foreign subsidies in the EU internal market
On 17 June 2020, the European Commission (“the Commission”) issued a “ White Paper on levelling the playing field as regards foreign subsidies ” (“the White Paper”), launching a public consultation on a number of ambitious and far reaching possible options and legal instruments to address...
02 June 2020
Pressure points: Next Phase of State aid: Deeper bailouts and recapitalisations
We are pleased to invite you to the 14th in our series of webinars covering the business challenges presented by the Covid-19 outbreak. Pressure points: Next Phase of State aid: Deeper bailouts and recapitalisations will look at what we are beginning, and expect, to see next in terms of bailouts of...
12 May 2020
COVID-19: Pressure Points: European Commission Issues State Aid Rules for COVID-19 State Recapitalisations and Subordinated Debt (Europe)
On 8 May 2020 the European Commission adopted the second amendment to its Temporary Framework on the application of the EU State aid rules in light of the COVID-19 outbreak. The amendment extends the Temporary Framework to cover State recapitalisations of companies in the form of equity and hybrid...
08 April 2020
COVID-19: Governance: European Commission extends the Temporary Framework for COVID-19 State aid to cover additional measures (Europe)
On 3 April 2020, the European Commission adopted the first amendment to its Temporary Framework on the application of EU State aid rules in the context of the COVID-19 outbreak (the original version of which is covered in more detail in our previous article . The amendment allows further liquidity...
20 March 2020
COVID-19: Governance: European Commission issues temporary State aid framework for COVID-19 (Europe)
On 19 March 2020, the Commission issued a Temporary Framework setting out how it will apply the EU State aid rules with respect to certain types of liquidity support granted by Member States to businesses in order to preserve the continuity of economic activity during and after the COVID-19...
01 November 2017
The view from Brussels – Brexit negotiations – Developments in October
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.
27 October 2017
EU State Aid Investigation of UK CFC Rules - Group Financing Exemption
On 26 October 2017 the European Commission announced that it had opened a State aid investigation in relation to the UK's Controlled Foreign Company (CFC) rules and specifically, the group financing exemption under the rules. Should the Commission conclude that the group financing exemption...
19 October 2017
Herbert Smith Freehills Evidence on State aid / Brexit for House of Lords
In September 2017 we submitted evidence to the House of Lords Internal Market Sub-Committee in its inquiry into the impact of Brexit on UK competition policy, focusing on the application of the State aid rules post-Brexit. Our evidence addresses whether a State aid regime may be required as part of...
19 May 2022
Do companies have a moral duty to self report to the SFO?
Although Amec Foster Wheeler’s corporate bribery settlement has not introduced any legal obligation to self-report wrongdoing to the Serious Fraud Office, the judgment does encourage companies to seriously consider their moral and ethical duties when deciding whether to do so, argue Herbert Smith...
18 May 2022
Australian Federal Election Workplace and Industrial Relations Survey: Back to the future?
In the lead up to the 2022 Australian Federal Election, our national team ran a series of feedback sessions and surveyed our national clients. The results of our 2022 Federal Election Workplace and Industrial Relations Survey are in.
12 May 2022
Half way to COP27: Are governments delivering on their climate promises?
We are excited to launch our latest report, Halfway to COP27 – a review of governments' ambitions and promises in respect of climate change, six months after the 2021 United Nations Climate Change Conference, commonly referred to as COP26, brought together 120 world leaders to discuss the issue.
10 May 2022
Corporate Governance snapshot: New rules on diversity-related disclosures for listed companies
The Financial Conduct Authority (FCA) has published its policy statement and new rules which require listed companies to make disclosures in relation to gender and ethnic diversity at board and executive management level for financial years beginning on or after 1 April 2022.
06 May 2022
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general Australian financial service license ( AFSL ) obligations.