Commission opens public consultation on the draft Guidelines on the implementation of the Foreign Subsidies Regulation
The draft Guidelines for the implementation of the Foreign Subsidies Regulation (FSR), aim to clarify how the Commission applies the FSR, particularly in relation to M&A transactions and public procurement procedures involving non-EU subsidies.
The draft provides guidance on:
- how the Commission assesses whether a foreign subsidy distorts competition in the internal market;
- how the balancing test is applied under Article 6 FSR; and
- the Commission’s power to request prior notification of concentrations or foreign financial contributions, even below the normal notification thresholds (Articles 21(5) and 29(8)).
All interested parties – including citizens, public authorities, businesses, legal and economic professionals, and consumer groups – are invited to submit feedback until 11 September 2025 here.
Clayton & Segura can support and advise you to prepare and submit your feedback.
The draft Guidelines follow a prior Call for Evidence and targeted consultations (see our C&S press release here). The Commission will review the input received, finalise the Guidelines, and publish the final version by January 2026.
For more information, see the Commission’s PR.