Foreign Subsidy Regulation

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation, Fundamental rights, Merger control, Merger notification, Mergers, Public procurement

(Norton Rose Fulbright, Belgium)/ /Leave a comment

The European Union’s (EU’s) new Foreign Subsidies Regulation (FSR), entered into force on January 12, 2023.  The FSR creates a unique new quasi-antitrust regime to combat distortions of competition in the EU internal market caused by subsidies multinationals receive outside the EU.  It imposes new mandatory notification and approval requirements for acquisitions of significant EU…

European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Foreign Subsidy Regulation

(Kirkland & Ellis, Belgium) and , (Kirkland & Ellis)/ /Leave a comment

On 6 February 2023, the European Commission (“EC”) published the draft Implementing Regulation and notification forms (together: the “IR”) relating to the EU Foreign Subsidies Regulation (“FSR”). The EC has launched a four-week public consultation period that will allow stakeholders to comment; i.e., there may still be changes to the IR. However, it can in…

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…