FSR: one year on

The Foreign Subsidies Regulation (FSR) represents a groundbreaking legislative framework, integrating a multidisciplinary approach that encompasses elements from merger control, state aid, and trade regulation. Its core objective is to safeguard the integrity of the European Union’s internal market by preventing distortions caused by subsidies originating outside the EU. As we approach the one-year milestone since the FSR’s implementation, our panel will reflect on the regulation’s enforcement dynamics to date in the context of concentrations, and what we can expect in the future. Attendees will gain valuable insights into the evolving landscape of the FSR’s application and what developments may lie ahead.

The panel will delve into the most contentious aspects of the FSR, discussing the recent initial interpretative guidance issued by the European Commission. In an environment where compliance is paramount, the panel will address the practical challenges that companies face in meeting the FSR’s requirements in the context of concentrations. We will explore strategic solutions that not only adhere to the letter of the law but also reflect the current enforcement practices of the European Commission, particularly concerning potential waivers on reporting requirements.