Public sector bodies are bound by certain rules and regulations when purchasing goods, works and services or when giving financial assistance to businesses.
The rules on Subsidy Control are complex and, for businesses contracting with the public sector, it can often be difficult to know whether the purchasing body has broken those rules.
Whether you are a public body or a bidder, our team can steer you through these complex issues.
We have considerable knowledge and experience in subsidy control matters to guide you through the process and check your documentation to ensure that it is compliant.
Supporting the public sector
Our lawyers advise public sector clients on the Subsidy Control regime, helping them design compliant funding measures, whether through application of a block exemption or approved aid scheme, or through a commercial public sector investment no aid route.
For public sector bodies, you will want to make absolutely sure that all of your purchasing procedures comply with these rules, and if challenged that you have a robust defence or justification for your procurement decisions and strategy.
Where clearance is required, we are on hand to assist with this process.
Working with the private sector
Our lawyers also work with private sector clients on the Subsidy Control implications of the projects they are involved in, helping them understand whether funding constitutes subsidy control and, if it does, what that means for them in practice.
We are able to advise on whether the purchasing body is likely to have breached the rules and speak to them to see whether a negotiated resolution can be reached or assist in litigation matters should you ultimately decide to raise a challenge.
There are strict time limits for challenging a procurement procedure and it is vital that you seek legal advice at the earliest possible opportunity.
Subsidy Control need not mean the end of a project, whether because of the way financing is being used or the nature of what you would like to do. We can make sure you are aware of the implications, the steps you have to take and possible solutions which may enable your project to proceed.
