The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies

The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority investments, by companies receiving foreign subsidies. An acquisition is suspended pending the review, and may be prohibited or approved subject to conditions if found to be facilitated by distortive subsidies. (ii) investigation of allegedly distortive foreign subsidies, with the power to order repayment of any distortive subsidy through “redressive payments” to the EU or member states as well as other behavioral or structural remedies. (iii) a requirement that tenderers identify receipt of

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Brussels)

Quotation

Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor, The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies, 17 June 2020, e-Competitions July 2020, Art. N° 95509

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