Consultation outcome

Draft guidance and draft policy statement for the CMA's Subsidy Advice Unit

This consultation has concluded

Read the full outcome

Detail of outcome

Details of the SAU’s summary of the consultation responses can be found below.

Guidance on the operation of the subsidy control functions of the SAU and the Statement of policy on the enforcement of the SAU’s information gathering powers have now been published.

Feedback received

Advanced Propulsion Centre UK Ltd

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Anthony Collins Solicitors LLP

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Arts Council England

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Clifford Chance LLP

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Dentons LLP

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DWF LLP

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Freshfields Bruckhaus Deringer LLP

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Frontier Economics

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Highlands and Islands Enterprise

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James Webber, solicitor

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Linklaters LLP

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National Lottery Community Fund

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National Lottery Heritage Fund

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NNB Generation Company (SZC) Ltd

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Norton Rose Fulbright LLP

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Pembrokeshire County Council

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Pinsent Masons LLP

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Professor Colin Reid, University of Dundee Law School

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Professor Stephanie Rickard, London School of Economics

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Scottish Enterprise

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South of Scotland Enterprise

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Worcestershire County Council

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Detail of feedback received

See feedback received above.


Original consultation

Summary

The Competition and Markets Authority (CMA) has launched a consultation on its draft guidance on the operation of the Subsidy Advice Unit (SAU), and the Statement of Policy which explains how the SAU will approach the enforcement of its information-gathering powers.

This consultation ran from
to

Consultation description

The CMA is seeking views on its draft guidance on the operation of the Subsidy Advice Unit (SAU). The guidance explains the role of the Subsidy Advice Unit, which will be established within the CMA by the Subsidy Control Act 2022 (the Act) to provide independent non-binding advisory reports regarding certain subsidies that are referred by public authorities, and to periodically monitor and review the operation of the subsidy control regime.

The CMA is also seeking views on the Statement of Policy in relation to the enforcement by the SAU of its information-gathering powers. To fulfil its monitoring functions the SAU may need to gather information from public authorities, businesses or individuals. The Act gives the SAU the powers to issue a notice requiring a person to provide information or documents and to impose penalties where an information notice is not complied with. The nature of the penalties that the SAU can apply is set out in section 43 of the UK Internal Market Act 2020.

Responses should be submitted by email no later than 23:45 on 10 August 2022 and should be sent to: SAU@cma.gov.uk

Any queries about the consultation should also be sent to this email address.

For more information about the CMA’s statutory functions, how the CMA processes personal data and your rights relating to that personal data (including your right to complain), please see the CMA’s Personal Information Charter.

The Department for Business, Energy & Industrial Strategy (BEIS) is separately consulting on the draft statutory guidance for the Subsidy Control Act 2022. The CMA’s consultation should be read in conjunction with the BEIS draft statutory guidance.

Documents

Updates to this page

Published 11 July 2022
Last updated 13 December 2022 + show all updates
  1. Summary of responses to the consultation on the draft statement of policy on the enforcement of the SAU’s information gathering powers published.

  2. Consultation outcome published.

  3. First published.

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