As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework.

Join us, together with market leading professional services firm PwC, as we guide you through the FSR rules. We will provide you with insights on how to monitor the foreign financial contributions your company receives and how to gather the relevant information in this respect, so your company can be prepared for the FSR reporting requirements, should they arise.

Jacques Buhart and Stéphane Dionnet will be joined by PwC partners Nancy de Beule and Jorgen Broothaers to explore the FSR.

In a nutshell, the FSR introduces a new regulatory hurdle for M&A transactions in the European Union, in addition to merger control rules and foreign direct investment screening. The FSR’s impact cannot be overstated as it introduces two mandatory pre-closing filing regimes for M&A transactions but also for public procurement procedures. It also gives the Commission wide-reaching ex officio investigative and intervention powers.

The FSR contains a broad definition of what would qualify as reportable foreign financial contributions. As a result, it could impact a lot of companies with (planned) activities in the EU and might entail an extensive process to gather all the information. Further, as the information needed from the Target in an M&A process will also be important, FRS will also have to be taken into account during the due diligence process.