Brexit, China, Competition policy, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Private investment, Property investment, Public procurement, Regulation, Remedies, State owned enterprise (SOE), Subsidies, Switzerland, Tax, Taxation, Tender, Trade Law, United Arab Emirates, United Kingdom, United States of America

(University of Vienna, Austria)/ /Leave a comment

On 12 January 2023, the new EU Foreign Subsidies Regulation (FSR) entered into force. The majority of the FSR will start to apply on 12 July 2023.

The FSR constitutes a new investigatory review tool for the European Commission. It will focus on economic behaviour on the internal market by companies who received foreign subsidies from non-EU States. It will step next to the established competition, merger control, state aid, FDI and trade rules of the EU. The FSR will have a huge impact and has the possibility to seriously limit the business of third state funded companies in the EU.

Businesses and transaction lawyers should start to familiarize themselves with this new Regulation, which will impact their ongoing business in the EU.

Therefore, Kluwer Competition Law provides a comprehensive and practice-oriented compendium, which gives an overview of the new systems and prepares readers for the necessary steps to be taken to get ready for investigations.

Furthermore, experts of the field shed light and share their expectations on specific topics and regions:
  • Jay Modrall on “The EU Foreign Subsidies Regulation’s impact on M&A“
  • Rebecca Halbach and Emmanuelle Rogiest on “The EU Foreign Subsidies Regulation – closing gaps or overriding established trade rules?“
  • Hanno Wollmann, Volker Weiss and Johannes Stalzer on “The Impact of the Foreign Subsidies Regulation on Public Procurement“
  • Pablo Figueroa and Julia M. Böhme on “The Foreign Subsidies Regulation and Foreign Direct Investment: How to reconcile?“
  • Cormac O’Daly, Georgia Tzifa and Édouard Bruc on “British subsidies post-Brexit: At the crossroads of EU Foreign Subsidies Regulation and the EU-UK Trade and Cooperation Agreement?“
  • Alexandr Svetlicinii on “The Foreign Subsidies Regulation: A perspective from China“
  • Daniela Weerasinghe on “The impact of the EU Foreign Subsidies Regulation on state-owned entities and sovereign wealth funds in Asia and the Middle East“
  • Phil Baumann on “The Foreign Subsidy Regulation: A perspective from Switzerland“

 

The compendium called “White Paper How will the new EU Foreign Subsidies Regulation work?” is downloadable for free.


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