The EU Foreign Subsidies Regulation – A New Chapter for Foreign Subsidies Scrutiny in the EU

The Foreign Subsidies Regulation, applicable as of July 12, 2023, gives the European Commission broad powers to tackle subsidies provided by non-EU countries that distort the EU's internal market. It also establishes a new system of foreign subsidies control, which introduces mandatory and suspensory FSR filing to the European Commission for M&A deals and public tenders in the EU above certain thresholds. This article provides an overview of the Foreign Subsidies Regulation and its Implementing Regulation adopted on July 10, 2023 and discusses the investigative powers of the European Commission, in particular regarding the FSR filing requirements for M&A deals and public tenders in the EU.

Reproduced with permission from CPI Antitrust Chronicle August 2023. For further information please visit: www.competitionpolicyinternational.com.

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