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The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more

Key trends emerging from the start of the EU Foreign Subsidies Regulation regime

The first months of application of the EU Foreign Subsidies Regulation (FSR) have involved a large number of notifications, lengthy and wide-ranging requests for information, and the opening of the first in-depth...more

Gun-jumping in M&A – ECJ confirms the possibility of two separate fines for gun-jumping and the European Commission’s broad...

On 9 November 2023, the European Court of Justice ("ECJ") confirmed that the European Commission ("EC") was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of...more

Five Things Funds need to know about the Foreign Subsidies Regulation

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies...more

The European Commission adopts the FSR Implementing Regulation

The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

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