Lock, Stock and Two Smoking Notifications: The Proposed European Regulation on Foreign Subsidies

The European Commission has published a far-reaching proposal for a regulation to tackle foreign subsidies affecting the EU internal market. This proposal appears as a game changer for foreign direct investment. If adopted, it will seriously increase the regulatory risk for any company established, operating or investing in the EU with support from non-EU States. But the proposal’s effects go far beyond foreign-subsidized transactions. They apply to any type of business activity which may be affected by foreign subsidies, including public procurement tenders. Thus, this alert summarizes its main implications from a business standpoint and the potential legal challenges ahead.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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