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Foreign Subsidies Regulation

Commission launches consultations on guidelines under the Foreign Subsidies Regulation

The European Commission published today a Call for Evidence seeking feedback on the main objectives, scope and context of the upcoming Guidelines regarding the implementation of the Foreign Subsidies Regulation (‘FSR'). This is a first step towards the publication of the The Guidelines by 13 January 2026, as mandated by the FSR. The Guidelines will contribute to legal certainty, transparency and predictability in the Commission's enforcement of the FSR.
In parallel, the Commission has launched targeted consultations with Member States and selected stakeholders.

 
Call for evidence: Foreign Subsidies Guidelines

The European Commission is seeking feedback on the main objectives, scope and context of the upcoming Guidelines regarding the implementation of the Foreign Subsidies Regulation (‘FSR'). These Guidelines, to be published by 13 January 2026, are meant to provide certainty for companies and transparency of the Commission’s implementation of the 2022 rules on foreign subsidies.
All parties, who have an interest in the matter, can submit their views until 2 April 2025.

 
Initial clarifications on the application of Article 4(1), Article 6 and Article 27(1) of the Foreign Subsidies Regulation

How should the concept of market distortion for a foreign subsidy be interpreted? You can read about this and other Q&A on the Foreign Subsidies Regulation in the Commission Staff Working Document just published.
The new Staff Working Document offers initial clarifications on the following:

  • Distortion in the internal market caused by a foreign subsidy;
  • Application of the balancing test;
  • Assessment of distortion in public procurement procedures.

 
Commission opens in-depth foreign subsidies investigation into e&'s acquisition of parts of PPF Telecom

The European Commission has opened an in-depth investigation to assess, under the Foreign Subsidies Regulation (‘FSR'), the acquisition by the Emirates Telecommunications Group Company PJSC (‘e&') of sole control of PPF Telecom Group B.V. (‘PPF'), excluding its Czech business. The Commission has preliminary concerns that e& may have been granted foreign subsidies that could distort the EU internal market

 
The Foreign Subsidies Regulation – 100 days since the start of the notification obligation for concentrations

The Foreign Subsidies Regulation started to apply on 12 July 2023 and the obligation to notify certain large concentrations kicked in on 12 October 2023.
The policy brief provides statistics on notifications in the first 100 days since the start of the notification obligation, as well as clarifications on some recurring issues that have arisen in the context of notifications received, including how to properly categorise foreign financial contributions, the level of detail required to report those identified as most likely to distort the internal market, as well as how to interpret some of the exceptions included in the notification form for concentrations.

 
Commission opens first in-depth investigation under the Foreign Subsidies Regulation

The Commission launched its first in-depth investigation into the potentially market distortive role of foreign subsidies, exercising its powers under the Foreign Subsidies Regulation. This investigation relates to a public procurement procedure. It shows the Commission's determination to preserve the internal market's integrity by ensuring that recipients of foreign subsidies cannot benefit from an unfair advantage to win public contracts in the EU, to the detriment of fair competition.

 
Foreign Subsidies Regulation: updated Q&A

The European Commission has updated its Q&A with additional answers to some of the most frequently asked questions on the Foreign Subsidies Regulation (‘FSR’).
The FSR started to apply on 12 July 2023 with the objective of addressing distortions caused by foreign subsidies and ensuring a level playing field for all companies operating in the Single Market. Since 12 October 2023, companies have to notify large concentrations under the FSR to the Commission.
If you are interested to find out more about the FSR, or are seeking further clarification on the topic, do not hesitate to check the updated Q&A page.

 
Foreign Subsidies Regulation: notification obligation for large concentrations

The notification obligation for large concentrations under the Foreign Subsidies Regulation starts to apply as of October 12th. Companies are encouraged to engage with the Commission as early as possible to ensure they comply with this obligation.
For more information on the FSR, you can watch again the Let’s Talk Competition episode "Unpacking the Foreign Subsidies Regulation".

 
Unpacking the Foreign Subsidies Regulation

On 10 October 2023 at 13:00, the fourth Let’s Talk Competition conversation will focus on the new tools and investigative powers of the Foreign Subsidies Regulation.
The panel will be composed of three renowned experts:Mr. Eddy De Smijter, DG Competition Head of Unit for the Foreign Subsidies Regulation; Mrs. Merit Olthoff, Partner for Antitrust, Competition and Trade at Freshfields Bruckhaus Deringer; Mr. Yves-Emmanuel Bara, Deputy Head of Economic, Commercial and Financial Services at the French Permanent Representation to the EU.
Mr. Javier Espinoza, Financial Times EU Correspondent, will moderate the debate.

 
Framework Contract for the Provision of Expert Consultancy Services and Studies in the Context of Investigations and Enforcement Related to Foreign Subsidies

External expertise is sought to support DG Competition’s enforcement of the Foreign Subsidies Regulation in order to receive detailed reports on the impact of subsidies in given sectors, on the benefits of financial contributions, on the distortions caused by foreign subsidies, and on any potentially positive effects of foreign subsidies.The purpose of this call for tenders is to conclude multiple framework contracts with up to four contractors per lot in order to provide the contracting authority with the provision of services.

 
DG Competition publishes FAQ on the Foreign Subsidies Regulation

DG Competition has published a Q&A to answer some of the most frequently asked questions on the Foreign Subsidies Regulation (‘FSR’). The FSR entered into force last January with the objective of addressing distortions caused by foreign subsidies and ensuring a level playing field for all companies operating in the Single Market.
Are you interested to know more about the FSR, or are you seeking clarification on the topic? If so, please check this FAQ regularly, as its content may evolve from time to time.

 
Foreign Subsidies - a piece in the geopolitical puzzle

Keynote delivered by EVP Vestager for the Concurrences Conference on the Foreign Subsidies Regulation,
Brussels, 6 March 2023.
[...] "The role of the Foreign Subsidies Regulation is therefore to ensure fairness across the board: fairness vis-à-vis foreign subsidies, in a legal system consistent with the rule that we impose on ourselves under the State aid rules. Fairness is also imbedded in the new rules, in the form of a constructive balancing test that will secure duly justified subsidies [...]"

 
Commission seeks feedback on the implementation of the Foreign Subsidies Regulation

The Commission invites stakeholders to give feedback on the implementation of the Foreign Subsidies Regulation (‘FSR'). The draft Implementing Regulation clarifies practical and procedural aspects related to the application of the new EU rules to address distortions caused by foreign subsidies in the Single Market. The feedback period will last 4 weeks. Interested parties are invited to submit their comments by 6 March 2023.

 
Distortive foreign subsidies – procedural rules for assessing them

In June 2022, the Council and European Parliament provisionally agreed on a regulation to make foreign subsidies subject to the same scrutiny as EU subsidies.
This initiative sets out the rules on applying the regulation:

  • procedures for notifying, and content of, notifications of concentrations and public procurement bids
  • rules for calculating time limits
  • procedural rules on preliminary reviews and in-depth investigations in cases of suspected distortive foreign subsidies.
See also the Commission's press release.