The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?
Nota Bene Episode 102: Examining European Union State Aid in the Face of COVID and Brexit with Jacques Derenne and Robert Klotz
The European Commission seeks stakeholders' views on the guidelines for the application of the Foreign Subsidies Regulation ("FSR")....more
The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more
The Foreign Subsidies Regulation (FSR), the European Union’s new screening tool for third-country subsidies, introduces a novel and additional layer of scrutiny in public procurement. Companies that take part in sizeable...more
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
On 10 July 2023, the European Commission (EC) adopted its long awaited Foreign Subsidies Regulation (FSR) implementing rules (the “Implementing Regulation”). The Implementing Regulation lays down, inter alia, the timings and...more
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
European Commission Provides Guidance in Question and Answer - As of 12 October 2023, the Foreign Subsidies Regulation (FSR) will require businesses intending to undertake substantial mergers and acquisitions (M&A) or...more
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...more
Impact on public procurement procedures. The EU Foreign Subsidies Regulation (FSR) was published on 23 December 2022. It will take effect on 12 July 2023 and provides for mandatory notification requirements from 12...more
If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on....more
Overview of the FSR - The Treaty on the Functioning of the European Union ("TFEU") prohibits any form of public financial support selectively granted to businesses that distorts competition, absent an exception. The EU's...more
On 30 June, the Council of the European Union (Council) and the European Parliament (Parliament) reached a provisional political agreement on the regulation on foreign subsidies distorting the internal market (Regulation). As...more
Following a trend towards protectionism that seems quite fashionable in many jurisdictions globally those days, the European Commission proposed, on 5 May 2021, a regulation on foreign subsidies distorting the internal market...more
On 30 June 2022, the EU co-legislators (the European Parliament and the Council) reached an agreement on a regulation to control foreign subsidies that distort the EU internal market (Foreign Subsidies Regulation or FSR). ...more
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,...more
The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field...more
The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include...more
The European Commission would gain extensive new powers to counteract alleged distortive effects of foreign subsidies in the EU Single Market—combining elements from EU rules on state aid, trade defence, merger control, and...more
The European Commission’s June 2020 White Paper outlined its initial plans for a subsidies regime. The Commission has now developed these plans in its proposals for a new regulation....more
On 5 May 2021, the European Commission ("Commission") issued a proposal for a far-reaching Regulation to tackle foreign subsidies, which, if adopted, will increase the regulatory risk for companies operating or investing in...more