Familiar Tools in Foreign Settings: Practical Considerations for Complying With the New Foreign Subsidies Regulation

The introduction of the Foreign Subsidies Regulation (“FSR”) aims to address an existing regulatory gap in ensuring a level playing field in the internal market. The FSR will have far-reaching consequences for companies operating in the EU, particularly those that are planning mergers or acquisitions or engaging in large public tenders. The European Commission has highlighted that, “in substance,” the FSR will be similar to state aid control. Therefore, drawing on insights from assessmen