Foreign Subsidies
We provide support to comply with the Foreign Subsidies Regulation (FSR) when dealing with financial contributions from third countries, especially in the context of a M&A transaction or when submitting a bid in a public procurement process.
Our team has already dealt intensively with the FSR during the legislative process, and we can navigate through the rules of a level playing field in the internal market. With extensive experience in state aid law, our team is well-equipped to advise on complex FSR issues with clarity and strategy.
Preparation & Compliance
Companies need to implement systems for the collection of group-wide information relating to relevant contracts, grants of exclusive rights, tax incentives, etc. on a global basis. One has to provide all the necessary information of three years prior to a notification. It therefore makes sense to implement such systems at an early stage.
M&A Transactions
Under the FSR, the assessment of notification requirements for transactions is crucial to determine if state aid concerns arise from foreign subsidies. We provide comprehensive support on the contractual design of transactions to ensure compliance with the FSR and prevent issues related to foreign subsidies. We also assist in notification and appeal proceedings before the European Commission, helping to navigate the regulatory process and challenge decisions when necessary.
Bids in Public Procurement Procedures
Under the FSR, the assessment of notification requirements for transactions and tenders is essential to ensure that foreign subsidies do not distort competition in public procurement procedures. We provide advice on the potential need for notification and how foreign subsidies could impact the bidding process, ensuring compliance with the FSR. We also assist in evaluating and managing any risks related to state aid that could arise during tenders and public procurement, helping to navigate the regulatory landscape.
Ex Officio Investigations
The FSR enables the European Commission to launch ex officio investigations into foreign subsidies that may distort competition in the EU market. We provide comprehensive support in ex officio proceedings by the European Commission, providing assistance in responding to inquiries and ensuring compliance with the FSR. We help to navigate the complex regulatory framework, ensuring that one can address potential issues related to state aid and foreign subsidies effectively during such investigations.
Interested Parties
We advise on how to engage as interested party in FSR proceedings.
Monitoring
The FSR establishes a framework for monitoring foreign subsidies that may distort competition within the EU market in order to maintain a level playing field. This monitoring includes ongoing assessments by the European Commission to identify and address any foreign subsidies granted to companies operating within the EU, particularly in key sectors like public procurement and mergers. We provide guidance on monitoring foreign financial contributions under the FSR, helping clients understand their obligations and the potential risks associated with foreign subsidies in their operations.