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Supplementing state aid: the EU Foreign Subsidies Regulation

The FSR extends the Commission’s powers so that it can investigate subsidies granted by non-EU states to undertakings operating in the EU. Sarah Bond, Rob Jones and Gabrielle Van der Haegen (Freshfields Bruckhaus Deringer) explain the operation and implications of this regime.

The European Commission’s powers under the EU state aid regime have been actively deployed in the tax sphere in the last decade to challenge measures perceived to amount to distortive aid. That is circumstances in which there is (i) a beneficiary undertaking which (ii) granted an advantage (iii) in a selective way (iv) provided out of state resources that (v) distorts or may distort competition and affect trade within member states.

But those powers are constrained by the requirement that the aid be provided by an EU member state. Enter stage left the EU Regulation on foreign subsidies distorting the internal market (or the...

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