The EU has reached political agreement in relation to the much-anticipated foreign subsidies regulation (the “Regulation”), which should become operational next year. The Regulation essentially creates a new subsidy control regime for third country subsidies affecting the EU market and has the potential to significantly increase the regulatory risk and burdens for foreign companies operating or investing in the EU. Companies would be well-advised already now to take steps to develop and implement the new systems required in order to ensure compliance with the Regulation. Three intervention tools The Regulation is intended to “level the playing field” between EU operators and their competitors from non-EU Member States which are not subject to the same kind of strict subsidies disciplines
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