Legal briefing

Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market


This Legal Briefing deals with the key aspects of the new Regulation (EU) 2022/2560 on foreign subsidies that distort the internal market

This is a new instrument that specifically affects companies participating in transactions and public procurement procedures from 12 July 2023.

New obligations are introduced for all companies that receive subsidies from third countries and new reporting obligations above certain thresholds are also established.

The European Commission is exclusively responsible for the application of this Regulation.

This briefing addresses the main elements of the new instrument and its implications for companies operating in the European Union through the analysis of the following questions: (i) A new and complex instrument that specifically affects M&A and public procurement: What is the purpose of the Foreign Subsidies Regulation?; (ii) What is a foreign subsidy?; (iii) Does the Regulation add new obligations for M&A transactions?; (iv) How does it affect public procurement procedures?; (v) Common rules: What powers does it give to the European Commission? and (vi) What are the implications of this Regulation for companies?

The entire content of the Legal Briefing can be found in the PDF.

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