EU Regulation on control of Foreign Subsidies: First experiences

Overview

The purpose of the EU Foreign Subsidies Regulation (FSR) is to prevent non-EU government subsidies from undermining the European Union’s internal market dynamics. In this webinar, we delve into the potential procedural and legal hazards under the FSR, along with sharing our initial interactions and insights with the regulation.

After 12 October 2023, all companies operating in the EU have been mandated to disclose mergers and participation in public procurement procedures that meet specified standards if they are recipients of foreign subsidies, i.e., grants furnished by a non-EU nation. Inability to comply can lead to the imposition of interim measures, remedial steps, information requests and inspections, along with penalties amounting to 10% of the company’s revenue.

In this webinar, Bird & Bird specialists in State Aid (intra-EU subsidies), Public Procurement and International Trade, who are uniquely placed to transfer their expertise and practical knowledge onto the relatively new domain of Foreign Subsidies, provide an overview of their first experiences with the FSR, covering the following points:

• The intricacies involved in proactively identifying and tracking foreign subsidies
• Contrasts between tracking foreign subsidies in M&A deals and public procurement
• Factors prompting the obligation to notify foreign subsidies
• How to make the notification process more efficient
• The powers of the European Commission
• Initial experiences with the FSR
  
  • Common challenges and surprises
  • Concentrations
  • Public Procurement Procedures

The aim of this webinar is to equip you with the understanding needed to recognise potential risks and avoid common pitfalls pertaining to foreign subsidies. Our experts will also offer tried and tested methods to successfully navigate the recently introduced EU foreign subsidy control system.

Feel free to submit your questions through the registration form ahead of the webinar.