Draft guidance and draft policy statement for the CMA's Subsidy Advice Unit
The Competition and Markets Authority (CMA) has launched a consultation on its draft guidance on the operation of the Subsidy Advice Unit (SAU), and the Statement of Policy which explains how the SAU will approach the enforcement of its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.
The CMA is seeking views on its draft guidance on the operation of the Subsidy Advice Unit (SAU).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.