Foreign Subsidies Regulation (FSR)

State aid granted by EU member states is subject to strict scrutiny under EU state aid rules. However, the state aid rules do not cover subsidies from outside the EU. The foreign subsidy control regime addresses this shortcoming and complements the EU state aid rules. The foreign subsidy control regime is commonly referred to as the FSR, which stands for Foreign Subsidies Regulation. The rules require financial contributions from non-EU countries to be scrutinized and controlled in order to create fair competition within the EU for both European and non-European stakeholders. The rules apply, inter alia, to public procurement and concentrations and impose new obligations on the parties involved. Our lawyers and associates assist in all types of issues related to foreign subsidies.

Our services in the field of foreign subsidies (FSR) include advice on, inter alia, the following:

  • Investigating whether financial contributions have been made.
  • Reviewing the effects of financial contributions.
  • Advising on the fulfilment of obligations under the foreign subsidy control regime: we assist in assessing whether a public procurement or a concentration falls under the control regime, as well as structuring and implementing a public procurement and/or concentration under the control regime.
  • Preparation of the necessary documents to fulfil obligations under the foreign subsidy control regime (e.g. preparation of notification or declaration)
  • Representation in review procedures by authorities and support in communication with authorities