Has my company received foreign subsidies that must be notified in the EU?


According to the EU Foreign Subsidies Regulation (FSR), as of 12 October 2023 all companies operating in the EU must notify concentrations and participations in public procurement procedures which meet certain thresholds where such companies have received foreign subsidies (FS) i.e., subsidies from a third country.

Under these new rules companies may be made subject to interim measures, redressive measures, requests for information and inspections as well as be fined up to 10% of their turnover.
In this brief guide, we explain:

  1. When a company must notify FS
  2. What triggers the obligation to notify
  3. How to identify a subsidy
  4. When a subsidy is granted by a third country
  5. The procedure for notification, and
  6. The powers of the European Commission.

The aim of this guide is to identify potential risks, help you steer clear of common pitfalls, and recommend best practices for navigating the new EU foreign subsidy control system effectively.

Each section of the document addresses some of the main points that you and your organisation should know about the FSR.

To receive further information or guidance on these or any other questions related to the FSR, do not hesitate to contact us.

Click here to download the guide in English

Click here to download the guide in Chinese

Click here to download the guide in Japanese

Click here to download the guide in Spanish

José Rivas and Paula González Alarcón have also prepared a flowchart with questions to further simplify the FSR rules, so that companies understand in an even clearer manner their notification obligations under the FSR. All those confronted with the question of whether their company has received foreign subsidies that may need notifying in the EU can print this flowchart and keep it on their desk.

FSR Flowchart

Click here to download the flowchart in English

Click here to download the flowchart in Chinese

Click here to download the flowchart in Spanish

FSR Online Self-Assessment Tool

Are you planning an M&A or public procurement procedure in the EU? Has your company received subsidies from non-EU member states?

You can use our free FSR online self-assessment tool to understand if you must notify foreign subsidies to the European Commission.

  • Answer some questions to see if you need to submit a Detailed Notification, an Overview or nothing at all
  • Comply with your notification obligations under the EU Foreign Subsidies Regulation
  • Avoid potential risks and large fines for your company

Click here to access the tool


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