The Scottish Nursery and Milk Association (“SNMA”) has succeeded in a judicial review relating to the Scottish Government’s new Milk and Healthy Snack Scheme.
The new scheme seeks to provide a free portion of milk and a healthy snack to all pre-school children in Scotland, but was challenged on the basis that – amongst other things – the amount of funding made available to childcare settings for the provision of milk was insufficient to cover the actual costs incurred by these settings.
In the written judgment (available here), Lord Braid found the manner in which the funding rates for milk were determined by the Scottish Government to be “irrational”. Lord Braid also concluded that the Scottish Government failed to consult appropriately on the methodology used for determining the relevant funding rates.
Jon Adlard, Associate Director in Frontier’s Competition practice, was the economic expert for the SNMA. He provided evidence on the methodology used by the Scottish Government for calculating the funding rates for milk, and the potential effects on competition.
Frontier Economics regularly advises clients and provides expert evidence on competition matters.
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