Foreign Subsidies Control

The EU intends to extend State aid control to the support of businesses provided by non-EU governments. This new field of law is expected to enter into force soon. We help companies to prepare for the upcoming new regulation and to assess the related business risks. The new law will essentially introduce three new tools, the first of which will qualify as a second merger control screen by the EU, a second that will introduce new requirements for public tenders, and a third that will enable the European Commission to initiate ex-officio investigations in individual cases against third country subsidies. 

The new law will provide companies in the EU with more options to file complaints against third country subsidies (and their recipients), which effect the EU market. It will also create new obstacles for many companies from outside the EU and it will lead to additional regulatory requirements for companies, including those with EU headquarters.