Subsidies

Conference, European Commission, Foreign subsidies, Foreign Subsidy Regulation, Geopolitics, Merger control, Merger notification, Merger Thresholds, State aid, State owned enterprise (SOE), Subsidies, Tender, Trade Law

(Simmons & Simmons) and (University of Antwerp)/ /Leave a comment

Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second anniversary and with a few cases under its belt, the FSR is still the object of much discussion and curiosity from practitioners and stakeholders. To contribute to this debate, an expert panel…

Apple, European Court of Justice, State aid, Subsidies, Tax, Taxation

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On September 10, 2024, the European Court of Justice (ECJ or Court) sided with the European Commission (Commission) and ruled that two Irish subsidiaries of Apple Inc. received unlawful state aid from Ireland in the form of a tax advantage (Case C-465/20 P). Ireland has reported that it will now finalise the recovery of approximately…

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…

Brexit, Foreign subsidies, State aid, Subsidies, United Kingdom

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Following its exit from the European Union, the UK is no longer bound by the EU’s rules governing public subsidies.  At the end of April 2022, the UK Parliament passed the Subsidy Control Act 2022, which sets out a new framework for granting and controlling public subsidies.  The Act is expected to enter into full…

European Union, Foreign subsidies, Merger control, State aid, State owned enterprise (SOE), Subsidies, Trade Law

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

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…

European Commission, European Union, Foreign subsidies, Merger control, Subsidies

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

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…

European Champions, European Commission, European Union, Foreign direct investment, Foreign investment, Foreign subsidies, Merger control, Public procurement, Subsidies, White Paper

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

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…

European Commission, European Union, Subsidies, White Paper

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

The public consultation for the European Commission’s White Paper on Foreign Subsidies closed on September 23 this year. Perfect timing to discuss the stakeholders’ feedback. Wolters Kluwer therefore organized a webinar on October 8, 2020, involving leading experts from the Commission, WTO, OECD, and private practice: Eddy De Smijter, Head of the International Relations Unit…

European Commission, European Union, Subsidies, White Paper

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

1.  Overview On 17 June 2020, the European Commission (“EC”) issued a White Paper consulting on “Levelling the Playing Field as regards Foreign Subsidies”. These are major new proposals to protect EU companies against perceived unfair advantage from companies benefitting from subsidies from non-EU States. Countries such as China and Russia have already reacted to…