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European Commission Foreign Subsidies Acquisitions

Alston & Bird

EC’s First In-Depth FSR Merger Decision – Initial Takeaways for Dealmakers

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Our Antitrust Team examines the European Commission’s first conditional merger clearance under the Foreign Subsidies Regulation (FSR) and how it provides key insights into how foreign financial contributions impact...more

Goodwin

Practical Takeaways from the Recently Published EU Foreign Subsidies Decision in Case FS.100011 - e&/PPF

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The European Commission has released the full, non-confidential text of its decision in Case FS.100011 – e&/PPF, marking a watershed moment under the EU Foreign Subsidies Regulation (FSR). This is the first case to be cleared...more

BCLP

First Decision Published by the Commission Under the FSR

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The European Commission finally published, more than 6 months after its adoption, its first decision under the Foreign Subsidies Regulation (“FSR”)....more

White & Case LLP

The Draghi Report: A Blueprint for the EU Competition Commissioner-Designate?

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The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The...more

A&O Shearman

Antitrust in Focus - October 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Roxane Hicheri (counsel based in Paris) and Mark Steenson (counsel based in London) are our editors this month. They...more

K&L Gates LLP

Encouraging Signs From the European Commission's First Conditional Clearance of an Acquisition Under the Foreign Subsidies...

K&L Gates LLP on

The Foreign Subsidies Regulation that entered into full effect late in 2023, added a third layer of regulatory scrutiny for large European Union (EU) Mergers and Acquisitions, in addition to merger control and foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

The EU Foreign Subsidies Regulation Beds Down: 10 Enforcement Trends

The EU’s Foreign Subsidies Regulation (FSR) allows the European Commission (EC) to investigate and remedy subsidies received from non-European countries that distort the EU internal market. As the FSR marks its inaugural year...more

Alston & Bird

European Commission Opens First M&A In-Depth Investigation Under the Foreign Subsidies Regulation

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Our Antitrust Team reviews how the European Commission is using the Foreign Subsidies Regulation (FSR) and, for the first time, performed an in-depth investigation into whether the acquirer of a company with activities in the...more

Morgan Lewis

EU Launches Two More In-Depth Investigations Under Foreign Subsidies Regulation

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Just months after its first investigation under the Foreign Subsidies Regulation of Chinese train maker CRRC Corp. (see our LawFlash here), the European Commission has targeted two more companies participating in an EU...more

White & Case LLP

Key trends emerging from the start of the EU Foreign Subsidies Regulation regime

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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

McGuireWoods LLP

European Competition Law Newsletter – March 2024

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EU Foreign Subsidies Regulation: 100 Days in and the First Detailed Investigation - The obligation to notify certain large M&A transactions to the European Commission for clearance under the EU Foreign Subsidies...more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

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2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

White & Case LLP

New challenges for Taiwanese companies under the EU’s Foreign Subsidies Regulation

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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

McDermott Will & Emery

International Legal Highlights | Winter 2023

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THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more

A&O Shearman

Antitrust in focus - October 2023

A&O Shearman on

The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Morgan Lewis

EU Foreign Subsidies Regulation: is Your Company Ready?

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As of October 12, 2023, notification obligations under the European Union’s (EU’s) groundbreaking Foreign Subsidies Regulation No. 2022/2560 (FSR) have started to apply, with wide-ranging implications for businesses operating...more

Orrick, Herrington & Sutcliffe LLP

Ex-ante Notification Obligations Came Into Force and Should Be Complied With at All Costs

On 12 October, the next chapter of the EU’s fight against distortive subsidies opened, with ex-ante notification obligations for concentrations and bids in public procurement procedures involving subsidies by non-EU countries...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?

Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more

Pillsbury - Global Trade & Sanctions Law

The EU Foreign Subsidies Regulation (FSR) Has Now Taken Effect

The new EU Foreign Subsidies Regulation (FSR) has now finally taken effect. Under the FSR the European Commission (EC) will have new powers to intervene against distortions to competition in the EU internal market caused by...more

Cooley LLP

EU’s Foreign Subsidies Check for M&A Deals Goes Live

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The European Union’s new screening tool for third-country subsidies introduces a novel form of mergers & acquisitions scrutiny. Companies worldwide need to account for timing and execution risks arising from this system when...more

Latham & Watkins LLP

Foreign Subsidies Regulation Key Updates for PE Deal Teams

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European M&A is expected to become more complex after European legislators agreed on a new Foreign Subsidies Regulation (FSR), which came into force in January 2023 and aims to control subsidies that distort the EU internal...more

White & Case LLP

Five Things Funds need to know about the Foreign Subsidies Regulation

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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

McDermott Will & Emery

The European Commission Publishes Final Implementing Regulation on Proceedings Pursuant to the Foreign Subsidies Regulation

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Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more

Latham & Watkins LLP

The FSR Will Soon Apply: What Companies Need to Know

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The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...more

BCLP

The EU’s Foreign Subsidies Regulation Goes Live as the European Commission Finalises the Notification Requirements for Businesses

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On 10 July 2023, the European Commission (Commission) adopted its final version of the FSR’s Implementing Regulation alongside the template notification forms. This gives further information on how the FSR regime works in...more

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