Article

Tackling foreign subsidies: new EU rules enter into force

Published Date
Jan 24 2023
On 12 January 2023, the EU Foreign Subsidies Regulation (FSR) entered into force. The FSR will have a significant impact on and create new obligations for parties that are participating in transactions and public tenders in the EU and have received foreign financial contributions. 

The FSR consists of three tools, which will be enforced by the European Commission: 

  1. mandatory notification and review of transactions meeting relevant thresholds
  2. mandatory notification and review of public procurements meeting relevant thresholds 
  3. own-initiative investigations of potentially distortive foreign subsidies. 

The majority of the FSR will apply from 12 July 2023. However, the notification obligation for transactions and public tenders will be effective as of 12 October 2023.

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This content was originally published by Allen & Overy before the A&O Shearman merger

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