On 5 May 2021, the European Commission (“Commission”) published a proposed Regulation, along with an impact assessment report, aiming to address potential distortions caused by foreign subsidies in the Single Market (“Proposed Regulation”). This Proposed Regulation will create substantial new obligations for companies if adopted in its current form.
Executive Summary The European Commission (Commission) has issued new guidance on when it will accept referrals of merger control reviews from EU national competition authorities. The new guidance was published on 26 March 2021 with immediate effect. In a change of policy, the Commission will accept merger control referrals from…
The European Commission (“Commission”) published a White Paper proposing to create three new review mechanisms aimed at addressing the potential distortive effects caused by foreign subsidies in the Single market generally; in acquisitions of EU companies; and during EU public procurement procedures.
A public consultation is now open until 23 September 2020 during which stakeholders can provide their views on the options set out in the White Paper.
The new mechanisms would apply to all non-EU companies benefitting from non-EU subsidies.
New filing obligations would apply if non-EU subsidies might have a distortive effect on competition on the EU market.
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