Foreign Subsidies Archives - Regulatory & International Trade

First Dawn Raid Carried Out by The European Commission | Another Investigative Tool Deployed Under the Foreign Subsidies Regulation

Since the Foreign Subsidies Regulation (FSR) entered into force on July 12, 2023, the European Commission has increasingly started to wield the powers granted to it. It opened its first in-depth investigation into a public procurement process in Bulgaria in a case involving locomotives on February 16, 2024 (read more in our previous post here) which led to the withdrawal of the Chinese from the public tender. Subsequently on April 3, 2024, the Commission initiated two new in-depth investigations, again in a public procurement matter, this time concerning solar panels. On April 9, 2024, the Commission initiated its first ex officio investigation in the wind turbine sector.

Public Tenders Under the Foreign Subsidies Regulation: What We Have Learned So Far

The Foreign Subsidies Regulation (the FSR) sets out rules and procedures for investigating bids in the context of public procurement procedures (PPPs) if foreign financial contributions (FFCs) and tender value thresholds are exceeded. In the case of a mandatory notification, the European Commission (EC) will determine if foreign subsidies granted to the bidder would distort the internal market and whether or not a commitment to remedy any distortion would be necessary.

First Dawn Raid Carried Out by The European Commission | Another Investigative Tool Deployed Under the Foreign Subsidies Regulation

Public Tenders Under the Foreign Subsidies Regulation: What We Have Learned So Far

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