How the EU’s New Foreign Subsidies Regulation May Impact Cross-Border Acquisitions by U.S. Companies

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American companies and others outside the European Union (EU) pursuing large M&A transactions and public tenders in the EU’s single market must now comply with a new regulation. Effective July 12, 2023, the Foreign Subsidies Regulation (FSR) requires such companies—if they have received financial contributions from nonEU governments within the past three years—to notify and seek approval from the European Commission before consummating their transactions.

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