Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

We are happy to announce the new International Law Talk Podcast episode on the interrelations between merger control, FDI, subsidy control & EU trade law. In the episode, I discuss with competition and trade experts and my former colleagues François-Charles Laprévote and Wanjie Lin from Cleary Gottlieb Steen & Hamilton LLP. We focus on the…

The European Union (EU) is readying revolutionary new powers for the European Commission (the Commission) to combat distortions of competition resulting from subsidies from non-EU governments.  The new regime, laid out in a proposed regulation (the Anti-Subsidy Regulation) published in May 2021, could be in effect as soon as mid-2023.  The regulation includes new mandatory notification…

On May 5, 2021, the European Commission (the Commission) adopted a proposal for a regulation (the Anti-Subsidy Regulation) to combat distortions of competition in the European Union (EU) caused by subsidies granted by non-EU Member States to companies doing business in the EU.  The Anti-Subsidy Regulation is an important part of the von der Leyen…

Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly.   The European Commission (EC) believes that non-European State-owned enterprises (SOEs) and other companies receive subsidies that can distort competition in the European single market.  Trade…