Foreign Subsidies Regulation
Be prepared for the new EU Foreign Subsidies Regulation (“FSR”) which will introduce another layer of regulatory oversight for businesses operating in the EU.
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Our practice is among the very best in Europe. We have extensive experience in advising clients in a wide range of sectors and a robust understanding of political drivers and sensitivities, and what remedies may address the Commission’s concerns. We have advised both companies and governments on key aspects relevant to the FSR. Our team is equally experienced in navigating non-EU subsidy regimes under WTO rules and the Trade and Cooperation Agreement between the EU and the UK.
Our team is highly experienced in high-profile complex multi-jurisdictional matters. We have a successful track record of complex notification processes with the Commission. We have extensive practical know-how of these regimes, including on negotiating remedies, which we can leverage to deliver the necessary insights to you.
FIND OUT MORE ABOUT MERGER CONTROL and FOREIGN INVESTMENT CONTROL AT LINKLATERS
We have a deep understanding of the EU public procurement framework and application at EU Member State level, having advised both contracting authorities (including utilities) and contractors/tenderers, including in relation to investigations by the Commission.
We have on-the-ground expertise in Brussels, with senior lawyers having excellent links with the decisionmakers at the Commission. Combined with our global footprint, and the fact we have lawyers based in key centres across Europe, Asia and the US, we can support you through any challenges and opportunities which the FSR may bring to your organisation.
9 March 2023
The EU’s Foreign Subsidies Regulation widens the regulatory net for M&A deals. Linklaters responded to the consultation on the Implementing Regulation, which offered important insights into procedural aspects, but improvements are required. We outline key aspects that should be amended, to the benefit of both companies and the EC.
11 May 2022
Subsidies from outside the EU are in the crosshairs, and the block looks all set to introduce a new regulatory tool. This will add further scrutiny for M&A deals, impact procurement tenders, and give the European Commission added powers to investigate market behaviour. The final negotiations will unveil which companies are on the hook, and which will get a pass.
20 May 2021
The European Commission’s proposed regulation on foreign subsidies introduces the possibility of three parallel regulatory processes for M&A transactions. Diverging substantive considerations and potential outcomes will be a real concern in some cases.
11 November 2021
The European Commission's proposal for the regulation of foreign subsidies has strong implications for investors and sponsors in the sports sector.
7 September 2021
The European Commission’s Proposal for a new Regulation on Foreign Subsidies follows the White Paper on Foreign Subsidies. It arises amidst an ongoing ambitious revision of the Commission’s own antitrust rulebook on market definition, vertical restraints, as well as the exploration of new regulatory solutions to address structural competition issues. Will the Proposal counterpart the Commission’s antitrust enforcement toolbox, or do they risk befalling as an imperfect substitute with a lack of certainty and clarity?
30 November 2021
Throughout this global foreign investment podcast series, lawyers from across our offices will be joined by speakers from global regulators to bring a different viewpoint on the practical issues, interesting quirks and thoughts on how to navigate deals throughout their respective regimes.