On January 9, 2025, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) released its decision in a trade and investment barrier investigation into the European Union’s Foreign Subsidies Regulation (“FSR”).
EU Consults on Foreign Subsidies Regulation Guidelines
On March 5, 2025, the European Commission (EC) launched a public consultation on the EU Foreign Subsidies Regulation (FSR). The consultation will run to April 2, 2025.
The EU Foreign Subsidies Regulation: 2024 in Review and Predictions for 2025
In 2024, the FSR’s first year in operation saw a large number of filings but limited enforcement, with only a handful of Phase 2 reviews, one conditional merger clearance and two ex officio cases. With the FSR now up and running, in 2025, we expect the EC’s focus to be on demonstrating the FSR’s value and delivering practical results by stepping up enforcement, building a corpus of reasoned decisions, and – it is hoped – developing a more streamlined process for non-issue cases.
First Merger Commitments Adopted under the EU Foreign Subsidies Regulation
On September 24, 2024, the European Commission (EC) conditionally approved, under the Foreign Subsidies Regulation (FSR), the acquisition of PPF Telecom Group (PPF) by Emirates Telecommunications Group Company PJSC (e&).[1] The EC’s clearance is subject to commitments valid for 10 years, which may be extended by another 5 years. This is the EC’s first Phase II conditional clearance decision under the FSR, which started to apply on July 12, 2023.[2].
The EU Foreign Subsidies Regulation in Practice: First Cases and Enforcement Trends
Almost eight months since taking full effect, the EU’s enforcement agenda for the Foreign Subsidies Regulation (FSR) is coming into focus. The European Commission (EC) has launched several in-depth and ex officio cases, and reviewed over 150 notifications.
Commission Powers Up FSR Enforcement: Launches Two In-Depth Investigations Into Chinese Solar Photovoltaic Producers
On April 3, 2024, the European Commission (“Commission”) launched two in-depth investigations into tenders by Chinese solar photovoltaic suppliers under the EU Foreign Subsidies Regulation (“FSR”).[1] The investigations relate to a public procurement procedure launched on September 27, 2023 by a Romanian contracting authority (Societatea Parc Fotovoltaic Rovinari Est S.A.) for the design, construction, and operation of a photovoltaic park with an installed capacity of 454.97 MW.[2]
Notification Obligations under the EU Foreign Subsidies Regulation Take Effect
On October 12, 2023, the notification obligations under the EU Foreign Subsidies Regulation (FSR) took effect. Businesses must notify all M&A deals (if signed on or after July 12 and not yet implemented by October 12) and public procurement tenders (for offers submitted on or after October 12) meeting the relevant thresholds.
EU Foreign Subsidies: Filing Forms Adopted and Regulation Takes Effect
The EU FSR filing forms have been adopted and the regime is now in effect. Businesses must prepare to notify
EU adopts antitrust guidelines for sustainability agreements
The European Commission has adopted its new guidelines for agreements between competitor (“Horizontal Guidelines”) – which for the first time – contain specific guidance on the antitrust assessment of sustainability agreements. The guidelines are part of an evolving dialogue among antitrust regulators in the EU and globally to ensure competition law supports legitimate cooperation to pursue climate and other sustainability goals.
CMA Consults on Environmental Sustainability Agreement Guidelines
On February 28, 2023, the UK’s Competition and Markets Authority (“CMA”) demonstrated its thought leadership in the integration of sustainability and competition policy by publishing draft guidance (“Draft UK Guidelines”) on the application of competition rules to agreements between competitors to tackle environmental sustainability objectives.[1]