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MLex Market Insight

EU’s foreign-subsidy powers kick in amid debate and fears of red tape

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 25 July 2023

⏱️ 16 minutes

🧾️ Download transcript

Summary

The European Union has new powers to police subsidies handed out by foreign governments — powers designed to ensure that state support doesn’t distort merger activity and public procurement. However, with new powers comes great responsibility — and a solid supply of red tape. The European Commission will also be able to open investigations into state subsidies of its own initiative — yet achieving the goal of a level playing field may yet prove elusive.

Transcript

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0:00.0

Hello there, welcome back. It's great to see you again. This is the MLEX podcast, your home of

0:16.3

regulatory affairs. Every week we chat with members of our team of reporters as they roam the corridors of power in the world's capitals. I'm your host, James Panicki, senior editor with Emlex's Asia Bureau, coming to you from the Lexus Nexus offices in Melbourne, Australia. It's great to be in your feed midweek this time for an additional installment ahead of the Northern Hemisphere's summer break.

0:41.2

And we return to Europe for what has become a favourite topic of this podcast, state subsidies.

0:47.3

However, we're coming into the discussion from the perspective of a new power that has been awarded to the European Commission, a power to police

0:56.0

subsidies that are handed out by foreign governments. What does that mean? Well, when an EU-based

1:02.4

company is competing against a foreign company for, say, a tender, if the foreign company

1:08.2

has benefited from state subsidies, that will be taken into account.

1:13.0

Now, on paper, this makes perfect sense.

1:15.6

It's all about achieving a level playing field.

1:18.3

But in practice, working out what subsidies a company may have benefited from could prove

1:24.1

to be an uphill battle.

1:26.2

Our Brussels team has been grappling with this very issue for some time now,

1:30.3

and two members of that team join us today.

1:33.1

Natalie McNeilis is a senior reporter covering M&A.

1:36.6

Lewis Crofts is our editor at large.

1:39.8

Natalie, starting from you, firstly tell us all about what the FSR, so the foreign subsidies

1:46.3

regulation, is all about.

1:48.5

Hello, James.

1:49.4

Thanks very much for having me.

1:51.1

I would like to give you just a little bit of background.

1:54.2

I think it's good to go back and think about where did this whole foreign subsidies

1:59.0

regulation come from?

...

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