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Foreign Subsidiaries Merger Controls

Paul Hastings LLP

Dealmakers Beware of a New Regulatory Hurdle: the European Foreign Subsidies Regulation is Here

Paul Hastings LLP on

Companies looking at M&A deals with an EU exposure, or preparing to respond to an EU public tender, will face a new regulatory constraint as the European Commission has enacted its long awaited (and criticised) Foreign...more

Hogan Lovells

Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

Hogan Lovells on

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12...more

McDermott Will & Emery

EU Foreign Subsidies Regulation Enters into Force in 2023

On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the European Union. The FSR introduces a new regulatory...more

McDermott Will & Emery

EU Foreign Subsidies Regulation to Impact EU and Cross-Border M&A Antitrust Review Starting in 2023

On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation)....more

Orrick - Antitrust Watch

Foreign subsidies: The European Commission goes extraterritorial

The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools...more

White & Case LLP

EU flexes its muscles on foreign-subsidised acquisitions and market distortions

White & Case LLP on

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

Jones Day

European Commission to Expand Oversight of Foreign Subsidies - Investments in the European Union subsidized by non-EU governments...

Jones Day on

The European Commission is expected to issue a White Paper on an Instrument on Foreign Subsidies on June 17, as anticipated in its 2020 work program. The Commission's White Paper will address the perception that foreign...more

Morgan Lewis

Towards a New EU ‘Anti-Subsidy Tool?’

Morgan Lewis on

The European Commission (EC) is currently working on legislative proposals (the White Paper) that would grant the EC new enforcement powers to address potential competition distortions caused by companies operating in or...more

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