The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?
Nota Bene Episode 102: Examining European Union State Aid in the Face of COVID and Brexit with Jacques Derenne and Robert Klotz
For the first time, the European Commission has accepted commitments in a merger case reviewed under the EU Foreign Subsidies Regulation. What can we learn from the Commission’s announcement to clear the deal? We set out...more
The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more
Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more
Our Antitrust Team reviews how the European Commission is using the Foreign Subsidies Regulation (FSR) and, for the first time, performed an in-depth investigation into whether the acquirer of a company with activities in the...more
On 9 April 2024, the European Commission launched its first ex-officio investigation under the EU Foreign Subsidies Regulation, targeting Chinese wind turbines in Spain, Greece, France, Romania and Bulgaria....more
Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more
2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more
THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more
The EU’s Foreign Subsidies Regulation (FSR) gives the European Commission (EC) broad powers to control subsidies from non-EU countries, complementing the EU’s longstanding state aid regime that deals with subsidies from EU...more
Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more
The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more
ANTITRUST AND COMPETITION - The Court of Justice Overturns the General Court’s Judgment Annulling the European Commission’s Prohibition Decision in the Telecom Sector - On 13 July 2023, the European Court of Justice (ECJ) set...more
On 10 July 2023, the European Commission (Commission) adopted its final version of the FSR’s Implementing Regulation alongside the template notification forms. This gives further information on how the FSR regime works in...more
Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more
Today marks the start of the EU’s Foreign Subsidies Regulation regime. From this date, the European Commission, as the enforcer of the FSR, will have the power to launch investigations to tackle distortions caused by foreign...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Francesca Miotto, partner based in Brussels, is our editor this month (learn more about Francesca in our Q&A feature...more
The EU Foreign Subsidies Regulation (“FSR”) entered into force on 12 January 2023 and will start to apply from 12 July 2023. Under the FSR, the European Commission (“Commission”) will have powers to intervene against...more
As the European Commission prepares to enforce the recently adopted Foreign Subsidies Regulation (FSR) and its implementation is imminent, it is time to prepare for this new regulatory framework. Join us, together with...more
Hosted by C5, the 4th European Forum on FDI Reviews and CFIUS returns for another exciting year with curated programming that will help you navigate emerging complex National Security Reviews across the UK and EU....more
UNITED STATES - Wilson Resigns as FTC Commissioner - On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Ioannis Thanos, counsel in Hamburg, is our editor this month....more
As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more
With 2023 only a few days old, many predictions are out there about what the New Year holds for investment and M&A activity. While it is hard to prophesy, particularly in such unprecedentedly turbulent times, one legal trend...more
If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on....more