# The State Aid (EU Exit) Regulations 2019, Regulation 15: Examination of alleged unlawful aid


(1) The CMA may on its own initiative examine information from any source regarding alleged unlawful aid and may, after an examination, take a decision under paragraph (5).
(2) The CMA must examine any properly submitted complaint regarding alleged unlawful aid and must, after an examination, take a decision under paragraph (5).
(3) If the CMA reasonably requires information for the purpose of taking a decision under paragraph (5), the CMA may request the aid grantor to send the information within a set period.
(4) If the aid grantor does not send the information within the set period, the CMA may take the decision on the basis of the information available to the CMA.
(5) The decisions referred to in paragraphs (1) and (2) are—
(a) that the alleged unlawful aid does not constitute unlawful aid;
(b) to approve the aid; or
(c) if the CMA is not satisfied that it can take a decision under sub-paragraph (a) or (b), to open an investigation in respect of the alleged unlawful aid.
(6) If the CMA approves the aid, the aid is considered to have been approved in accordance with Article 108(3) of the TFEU.

---
Source: https://www.legislation.gov.uk/ukdsi/2019/9780111178768/regulation/15 (the official version)
Page: https://openlegislation.uk/draft-state-aid-eu-exit-regulations-2019/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.