On 5 May 2021, the Commission adopted a proposal for a Regulation on foreign subsidies distorting the internal market (“Proposed Regulation”), following on from an initial framework laid out in a White Paper in June 2020. Broadly speaking, through the Proposed Regulation, the Commission aims to “level the playing field” between EU companies and state-sponsored non-EU companies doing business in the EU, including – which is of particular relevance to merger control – in the context of the funding of mergers, acquisitions and certain joint ventures, as well as in relation to the funding of their participation in public procurement processes and, more generally, their other business activities in the EU. Features of the Proposed Regulation A number of mechanisms already exist to address state
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The EU Commission unveils its proposed regulation on foreign subsidies
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