The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023

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EU Commission, Council gives final approval to tackling distortive foreign subsidies on the internal market, Legislation, 28 November 2022

The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further procedural details. This should help companies focus the due diligence work required in order to comply with the notification obligations and more generally, risk-assess their activities in light of the FSR. Three Intervention Tools As explained in our previous blog post earlier this year, the FSR 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 as EU Member States are under

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Kyriakos Fountoukakos, Lode Van Den Hende, Morris Schonberg, The EU Council adopts the Foreign Subsidies Regulation and the EU Commission schedules publication of the draft implementing regulation for the start of 2023, 28 November 2022, e-Competitions November 2022, Art. N° 110272

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