The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more
The first months of application of the EU Foreign Subsidies Regulation (FSR) have involved a large number of notifications, lengthy and wide-ranging requests for information, and the opening of the first in-depth...more
The EU's new Foreign Subsidies Regulation (FSR), which came into effect on July 12, 2023, marks the European Commission's attempt to level the playing field by addressing the potential distortive effects of non-EU subsidies...more
12/18/2023
/ Acquisitions ,
Capital Markets ,
Disclosure Requirements ,
EU ,
European Commission ,
Filing Requirements ,
Foreign Subsidies ,
Mergers ,
Regulatory Requirements ,
Required Forms ,
Taiwan
The past two years have witnessed significant geopolitical fracturing and macroeconomic difficulties that continue to hamper certain dealmaking. Several sectors have posted transactional lows throughout 2023, and persistent...more
12/11/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Debt Financing ,
EU ,
Foreign Direct Investment ,
Foreign Subsidies ,
Global Dealmaking ,
Hong Kong ,
International Trade ,
Mergers ,
Regulatory Agenda ,
Taiwan ,
Trade Secrets ,
United States
The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint.
The Foreign Subsidies...more
The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more
On 6 February 2023, the European Commission launched a four-week public consultation on the draft Implementing Regulation on proceedings under the Foreign Subsidies Regulation (FSR). Whilst the Commission has made an effort...more
On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more
Taiwanese companies should keep Europe in mind when planning new deals-
For many years, the European Commission (the Commission) has been the most active enforcer when applying antitrust law to the technology sector. In...more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more
5/10/2021
/ Competition ,
Corporate Counsel ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
Proposed Regulation ,
Public Consultations ,
Public Procurement Policies
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more
1/18/2019
/ Annulment ,
Anti-Competitive ,
Antitrust Investigations ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Damages ,
Disclosure Requirements ,
EU ,
European Commission ,
Mergers ,
Reversal ,
Right of Defence ,
TNT ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU) ,
UPS