The Trade and Cooperation Agreement sets a new precedent for bilateral trade agreements by incorporating a set of so-called “level playing field” commitments that seek to maintain the Parties’ regulatory convergence in certain policy areas but without prohibiting their respective sovereign right to choose future regulatory divergence.  Instead, continued convergence is encouraged by the inclusion of robust dispute resolution mechanisms, which provide for the possibility of either Party taking unilateral trade defence measures in certain circumstances.  This Briefing Paper, by Dr Totis Kotsonis of Pinsent Masons LLP, looks at subsidy control, which forms a key part of the level playing field commitments in detail, describing the dispute resolution mechanisms that are available and analysing the effectiveness of the unilateral trade defence measures for which the TCA provides in this context.  For reasons which are discussed in the paper, the author concludes that UK subsidies might be more prone to challenges than EU State Aid and that whilst the TCA inter-Party consultation provisions might prove crucial in limiting the risk of inter-Party disputes arising, further development of the UK domestic control subsidy system is required to make it more robust and less prone to challenges.

Read Briefing Paper 58: TCA DISPUTE RESOLUTION MECHANISMS AND SUBSIDY CONTROL COMMITMENTS