EU Regulation on control of Foreign Subsidies: First experiences

The EU Foreign Subsidies Regulation (FSR) aims to prevent non-EU government subsidies from distorting the European Union’s internal market. This webinar focuses on the procedural and legal risks under the FSR, as well as the very first experiences with the regulation and distilling some best practices.

Since 12 October 2023, all companies operating within the EU have to notify mergers and involvement in public procurement processes that meet certain criteria if they have received foreign subsidies, i.e. subsidies provided by a non-EU country. If a company doesn’t comply, it could be subjected to provisional measures, corrective actions, information solicitation and inspections, as well as face penalties equating to 10% of its turnover.

Bird & Bird experts in the fields of State aid (intra-EU subsidies), Public Procurement and International Trade are uniquely placed to transfer their expertise in those fields onto the new field of Foreign Subsidies. In this webinar, they review their first experiences with the FSR for you, covering the following points:

• The often-complex process of pro-actively identifying and keeping track of foreign subsidies in practice
  
• Differences between keeping track of foreign subsidies for M&A transactions and for public procurement purposes
  
• What triggers the obligation to notify
  
• The notification process and how to streamline it
  
• The powers of the European Commission
  
• First experiences with the FSR
  
  • Common issues and surprises
    
  • Concentrations
    
  • Public Procurement Procedures

The knowledge gained in this webinar will help you understand how to identify potential risks and steer clear of common pitfalls when it comes to foreign subsidies. The speakers, José Rivas, Janneke Kohlen, Morten Nissen, Peter Dann Jørgensen and Marc Martens, also share best practices for successfully navigating the new EU foreign subsidy control system.

For further information or guidance on this topic, please contact the speakers.

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