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 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
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
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
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
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