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The EU Foreign Subsidy Regulation- What, Why and How?

The EU Foreign Subsidy Regulation- What, Why and How?
Author: Lena Hornkohl
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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With the new Regulation on Foreign Subsidies distorting the Internal Market (FSR), the EU wants to close several gaps in its current toolbox, foster its new industrial strategy and create a level-playing field on its internal market, thereby increasing competition on the merits. Contrary to FDI control, at least at the outset, security concerns play a minor role in the discussions around regulating foreign subsidies on the EU internal market. The focus lies on economic concerns: the level playing field in the EU internal market. Specifically, the EU fears a far-reaching involvement of non-EU State-owned enterprises in its internal market to the detriment of EU competitors. This chapter will first give an overview of the new FSR and, second, explore the alignment and interdependencies of the new instrument with existing EU screening instruments, with a focus on merger and FDI control tools. The chapter supports foreign subsidy control in general but takes a sceptical view towards the new Regulation when it comes to coordination and alignment with existing policies. It concludes by placing the proposal in the context of other recent developments and a general increased governmental involvement and control of economic activities in the EU.


The EU Foreign Subsidies Regulation

The EU Foreign Subsidies Regulation
Author: Pascal Friton
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

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The European Union has erected a significant new barrier to foreign competitors that seek to compete in EU Member State public procurements. In the European Union there are uniform rules (known as “State aid” rules) on subsidies for all Member States, which are intended to ensure that competition in the internal market is not distorted by government subsidies. To counter (perceived) disadvantages of EU firms when competing with competitors from non-EU countries not subject to the EU “State aid” regime, the EU has adopted the Foreign Subsidies Regulation (FSR), which entered into force in January 2023 and will go into full effect in October 2023. The FSR poses significant challenges for firms from outside the EU (such as the U.S. or China) that hope to compete in procurement procedures, or engage in mergers and acquisitions (M&A) involving the EU. This article focuses on the FSR's requirements for vendors from abroad that will compete in EU Member States for covered procurements, including defense procurements. As the discussion reflects, vendors that intend to compete in EU Member State procurements should prepare for the FSR's requirements regarding government support, or risk being excluded or sanctioned by the European Commission.


Foreign Tax Benefits, Other Subsidies, and the EU Internal Market

Foreign Tax Benefits, Other Subsidies, and the EU Internal Market
Author: R.H.C. Luja
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN:

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In this article, the author examines the European Commission's new proposed regulation on foreign subsidies that distort the EU internal market.


Extraterritoriality of EU Economic Law

Extraterritoriality of EU Economic Law
Author: Nuno Cunha Rodrigues
Publisher: Springer Nature
Total Pages: 379
Release: 2021-10-28
Genre: Law
ISBN: 3030822915

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This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.


EU Trade Defence Law and Practice

EU Trade Defence Law and Practice
Author: Christoph Herrmann
Publisher: Springer Nature
Total Pages: 121
Release: 2023-02-22
Genre: Law
ISBN: 3031253302

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The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.


EU External Relations and the Power of Law

EU External Relations and the Power of Law
Author: Kenneth A Armstrong
Publisher: Bloomsbury Publishing
Total Pages: 343
Release: 2024-08-22
Genre: Law
ISBN: 1509940960

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The breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends. Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda. Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.


Asian Yearbook of International Economic Law 2022

Asian Yearbook of International Economic Law 2022
Author: Manjiao Chi
Publisher: Springer Nature
Total Pages: 212
Release: 2022-07-29
Genre: Law
ISBN: 3030934756

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The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.