The EU Foreign Subsidy Regulation

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The EU Foreign Subsidy Regulation, in between burden, threat, and opportunity – How should undertakings operating from Asia navigate through it?

As part of our webinar series on the EU’s Foreign Subsidies Regulation (FSR), we’ll be looking at the effects on Asian companies active in the European Union.

While the principles governing foreign subsidies, under the EU FSR, do not differ from one region to another, the type of foreign subsidies involved may vary significantly from one country to another.

While in the US, subsidies may often be granted through public contracts, in certain Asian countries, States’ participations in undertakings, public banks’ guarantees, or the fact that certain sectors be reserved to national undertakings may be considered as foreign subsidies under the FSR, all depending on cross subsidizing and possible effects in the EU. Also, for direct exports, the fact that undertakings may also be able to purchase from the State or State-owned enterprises at below market values may qualify as a foreign subsidy under the EU FSR.

This all explains why we consider that separate seminars are key. Companies from those countries are expected to be heavily scrutinised when the FSR applies, as of 12 July 2023.

The regulation gives far-reaching powers to the European Commission (EC) to tackle distortive effects of direct and indirect financial support granted by Asian public authorities.

EU national jurisdictions may also play a role as companies may try to rely on the FSR to seek damages or other remedies against competitors that would have received public support from third countries.

Moreover, the scope is so broad that it will have serious implications for many company activities.

This webinar, hosted by leading economists of The Brattle Group and Hogan Lovells' top ranking antitrust and competition team, will focus will focus on the main challenges Asian companies will face through the regulation, offering practical tips to address those. We’ll cover key aspects including, what constitutes a subsidy, quantifying the advantage, what is market distortion, the tools available to the EC and address effective compliance. We’ll also explore opportunities to challenge competitors through the FSR.

Join us on 20 June 2023 for an Asian perspective on the EU’s Foreign Subsidies Regulation.

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