EU Foreign Subsidies Regulation: A new control regime for M&A transactions in the EU
On January 12, 2023, EU Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market (FSR) entered into force. The FSR aims to counter distortions of competition that may arise when non-EU-countries ("Third Countries") subsidize companies operating in the EU. The FSR introduces additional, new notification and approval requirements for M&A transactions as well as public tender proceedings and provides the European Commission (EC) with authority to conduct ex officio examinations if it suspects foreign subsidies of distorting competition in the EU. Following a six-month grace-period, the EC can examine M&A transactions with a signing date, as well as public procurement procedures with an initiation date, as of July 12, 2023. However, the notification obligations for concentrations and public procurement…To read the article, please see the PDF file
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