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EU Foreign Subsidies Regulation: Analysis and Responses from a Public Affairs Perspective

The twelfth of October 2023 marked commencement of the EU Foreign Subsidies Regulation (FSR) notification requirements. As explained in our previous Newsletters, the FSR introduced regulations on concentrations and government procurement that seek to ensure subsidies granted by foreign countries (hereinafter referred to as "non-EU countries") do not distort competition when recipient companies conduct business in the EU. If a company that intends to engage in a covered transaction of a certain size or larger has received a “financial contribution” of a certain amount or more from a non-EU country, the company is required to notify the European Commission, who then must approve the transaction before it can be implemented. The European Commission investigates whether foreign...To read the full article, please see the PDF file

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米谷 三以

Kazumochi Kometani previously served at the Ministry of Economy, Trade and Industry for more than 15 years in high-ranking positions including as General Counsel for International Legal Affairs and as Director of the International Legal Affairs Office.  In these positions, he took a leading role in dispute settlement cases under the WTO Agreement and other international economic laws in more than a dozen cases involving antidumping measures, safeguard measures, export restraints, import restrictions and, local content requirements.  He also advised the Ministry on the consistency with the WTO Agreement and other international economic laws, including various EPA/FTAs and investment treaties, of a variety of governmental measures of foreign countries and Japan.

藤井 康次郎

With regard to competition laws, he advises clients on various matters of competition law for both domestic and international cases. He has represented clients with many important international cartel cases, including auto-parts, TFT-LCD, air cargo and high voltage power cables. He also handled significant merger cases in various industries, such as nuclear, security exchanges, local banks, steel and metals, food and agriculture, airlines, paper and natural resources. His practice also covers private monopolization, unilateral conduct and unfair trade practices, including vertical restraints and abuse of superior bargaining position, including platform business and internet industries. He also has been very active in the field of international trade matters. He is one of few lawyers in Japan who acted on behalf of various industries with regard to anti-dumping (AD) and counter-vailing duties (CVD) in Japan and overseas. While he served as deputy director of the Ministry of Economy, Trade and Industry of Japan, he handled several important WTO disputes on behalf of Japanese government. He continues to advice both public and private sectors with regard to various sorts of trade law matters associated with WTO, investment treaties and Regional Trade Agreements. His trade expertise also covers export controls, investment screenings, economic sanctions and customs matters.