The EU Foreign Subsidies Regulation: a Structural Change to the Internal Market

Abstract

The EU Foreign Subsidies Regulation (“FSR”) has been published on the 14th of December 2022 and entered into force on 12 January 2023. The Regulation creates a new regime with the objective of protecting the internal market of the European Union from distortions created by foreign subsi-dies. In doing so, the FSR imposes an ap-proval procedure for foreign subsidies to companies engaging in commercial activi-ties in the EU and notification obligations for M&A activities of significant EU businesses and large EU public contracts.

Keywords: EU, antitrust, foreign subsidies regulation, state aid