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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

Competition Law / International Trade Newsletter Download PDF [279 KB]

Authors

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

Kojiro Fujii specializes in the fields of competition law and international trade law. He also covers emerging areas of digital policy/regulations and public policy/regulations, such as those related to sustainability. His expertise in these areas is frequently recognized by international and domestic legal publications. Kojiro also is regularly ranked by Chambers (Band 1 International Trade, Japan and Band 2 TMT, Japan) and Who’s Who Legal (Competition). He achieved the highest ranking in the “International Trade and Economic Security” category of Nikkei’s “Most successful lawyers” (as voted by Japanese companies and peer lawyers) in 2022; he was recognized by Asian Legal Business as one of the Top 15 Technology, Media and Telecommunications Lawyers in Asia in 2023; and he was shortlisted for the FT Innovative Lawyers Awards Asia-Pacific as the Most Innovative Practitioner for his work covering those areas in 2024.

In addition to his career at N&A, he served as the deputy director of the Ministry of Economy, Trade and Industry of Japan, where he handled several important WTO disputes on behalf of the Japanese government. He also worked at a highly reputable international law firm in Washington DC, where he focused on antitrust matters.