Antitrust

Draft Implementing Regulation to the EU Foreign Subsidies Regulation

  • 5 March 2023

The European Commission (“the Commission”) launched an initiative seeking feedback on the draft Implementing Regulation (“Draft Act”) on the Foreign Subsidies Regulation (Regulation (EU) 2022/2560) (“FSR”). The initiative aimed at clarifying practical and procedural aspects related to the application of the new EU rules to address distortions caused by foreign subsidies in the Single Market.

Draft Implementing Regulation to the EU Foreign Subsidies Regulation: Response to the European Commission’s call for feedback

Draft Implementing Regulation to the EU Foreign Subsidies Regulation: Response to the European Commission’s call for feedback

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The initiative sets out the rules on applying the Foreign Subsidies Regulation (“FSR”), including procedures for notifying, and content of, notifications of concentrations and public procurement bids, rules for calculating time limits and procedural rules on preliminary reviews and in-depth investigations in cases of suspected distortive foreign subsidies.

The consultation is aimed at the text of the Draft Act, which also includes an Annex 1 applicable to concentrations (“Annex 1”) and respective notification form and an Annex 2, applicable to notifications or declarations under public procurement procedures (“Annex 2”), in both cases to be filed indirectly or directly before the Commission.